Madras High CourtWP(MD)/19737/2024allowed

K.Samuthiravalli v. The Revenue Divisional Officer

2024-08-21Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA K.Samuthiravalli .. Petitioner Vs.

1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

2.The Tahsildar, Taluk Office, Rajapalayam Taluk, Virudhunagar District.

3.The Surveyor, Taluk Office, Rajapalayam Taluk, Virudhunagar District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 2 and 3 to survey and demarcate the petitioner's properties comprised in Survey Nos.755/3, 755/4 and 755/5, situated at Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District, by considering the petitioner's representation dated 17.07.2024.

For Petitioner :

Mr.A.Rajaram For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the respondents 2 and 3 to survey and demarcate the petitioner's properties comprised in Survey Nos.755/3, 755/4 and 755/5 situated at Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District, by considering the petitioner's representation dated 17.07.2024.

2. The contention of the petitioner is that even as early as on 19.08.2014, necessary application along with charges for the survey and demarcation of the petitioner's properties had been made by the petitioner and there is no response to the petitioner. Thereafter, once again on 17.07.2024, the petitioner has sent a representation requesting for survey and demarcation which has also yielded no results.

3. A perusal of the records would show that the property in S.Nos. 755/3, 755/4 and 755/5 to an extent of 6 cents in Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District, had been gifted to her by her husband under a registered gift deed dated 20.03.2008. The petitioner has constructed a small house and is residing there. She has also left a 12 feet wide pathway from the road to her compound wall for vehicle parking and is in enjoyment of the same.

4. Considering the fact that the petitioner has made her request as early as in the year 2014 and renewed the same on 17.07.2024, a mandamus is issued directing the respondents to consider and pass orders on the petitioner's representations within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is allowed. No costs.

NCC : Yes/No 21.08.2024 Index : Yes/No abr

To 1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

2.The Tahsildar, Taluk Office, Rajapalayam Taluk, Virudhunagar District.

3.The Surveyor, Taluk Office, Rajapalayam Taluk, Virudhunagar District.

P.T.ASHA, J.

abr Dated: 21.08.2024