Sakthi Perumal P v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 05.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.21170 of 2022 P.Sakthi Perumal ... Petitioner Vs 1.The District Collector, Theni District, Theni.
2.The Thasildar, Periyakulam Taluk, Theni District.
3.The Taluk Surveyor, Periyakulam Taluk, Theni District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second and third respondents to survey the petitioner's land admeasuring 10 cents comprised in Survey No.1710, Genguvarpatti 1st Bit, Periyakulam Taluk, Theni District as per the sale deed in the name of the petitioner's father in Doc.No.1556/1998 dated 19.08.1998 in furtherance of the fee remitted in Challan No. 20220822006852 dated 22.08.2022 within a stipulated time. For Petitioner :Mr.P.Yasmin Begum For Respondents :Mr.D.Gandhiraj Special Government Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the second and third respondents to survey the petitioner's land admeasuring 10 cents comprised in Survey No.1710, Genguvarpatti 1st Bit, Periyakulam Taluk, Theni District as per the sale deed in the name of the petitioner's father in Doc.No.1556/1998 dated 19.08.1998 in furtherance of the fee remitted in Challan No.20220822006852 dated 22.08.2022 within a stipulated time. 2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The Petitioner's case is that his father, namely, Pandiyan has purchased the land to an extent of 10 cents in Survey No.
1710 ,situated at Genguvarpatti 1st Bit, Periyakulam Taluk, Theni District from one Sivaraman vide execution of registered sale deed in Doc.No.1556 of 1998, dated 19.08.1998 on the file of the Sub-Registrar Office, Bathlagundu and he continued in possession without subdividing the joint patta in patta No.805. After the demise of his father, the petitioner and his brother moved to subdivide the said land, for which, the petitioner's brother, on 02.05.
paid fee on 22.08.2022 for surveying the land to the credit of second respondent and the same was receive by the second respondent in Challan No. 20220822006852. Thereafter, no steps have been taken by the second respondent for surveying the land. Hence, the petitioner has approached this Court seeking interference of this Court.
4.In view of the above said facts and circumstances, without going into the merits of the case, the petitioner is directed to give a fresh representation/application to the second respondent. On receipt of such representation/application, the second and third respondent shall issue notice to the writ petitioner as well as the adjacent land owners and also to the interested persons, if any and to proceed further in the manner known to law on or before 15.10.2022.
5.With the above directions, the Writ Petition stands disposed of. No costs.
05.09.2022 Index : Yes/No Internet:Yes/No Rmk
To 1.The District Collector, Theni District, Theni.
2.The Thasildar, Periyakulam Taluk, Theni District.
3.The Taluk Surveyor, Periyakulam Taluk, Theni District.
V.BHAVANI SUBBAROYAN,J., Rmk W.P(MD)No.21170 of 2022 05.09.2022