R.Muthukumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.16988 of 2024 R.Muthukumar .. Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi District, Tenkasi.

3.The Tahsildar, Sankarankovil - Taluk, Tenkasi.

4.The Surveyor, Sankarankovil - Taluk, Tenkasi.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing these respondents 1

to 4, to consider the petitioner's representation dated 20.03.2023 and reminder petition, dated 03.07.2024 and to survey the lands in S.No. 277/1B, with an extent of 0.11.00 Hecs (27 cents) and in S.No.277/1F, with an extent of 0.05.50 Hecs (13.2 cents) in Ko.Maruthappapuram Revenue Village, Sankarankovil - Taluk, Tenkasi - District, within a time frame fixed by this Court.

For Petitioner :

Mr.F.X.Eugene For Respondents :

Mr.D.S.Neduncheziyan Government Advocate

ORDER

This writ petition is filed for a mandamus to direct the respondents to consider the petitioner's representation dated 20.03.2023 and reminder petition, dated 03.07.2024 and to survey the lands in S.No.277/1B, with an extent of 0.11.00 Hecs (27 cents) and in S.No.277/1F, with an extent of 0.05.50 Hecs (13.2 cents) in Ko.Maruthappapuram Revenue Village, Sankarankovil - Taluk, Tenkasi - District, within a time frame fixed by this Court.

2. The case of the petitioner is that the punja land in S.No.277/1B measuring an extent of 0.11.0 hecs, and comprised in S.No.277/1F measuring an extent of 0.05.5 hecs were originally belonged to one Subbaiah Devar, who died leaving behind his two wives as his legal heirs, without issues. After his death, the properties devolved upon his two wives viz., Kottaithai and Chellathai. Both of them executed two separate registered Wills on 01.03.1995, in favour of the petitioner and his wife. After their death, the Wills have come into effect. Thereafter, the petitioner made a representation dated 20.10.2021 to the third respondent to survey the lands in S.No.277/1B and 277/1F and demarcate the boundaries and he paid the required fees for surveying his land followed by another representation on 20.03.2023. Since the third respondent has not taken any action, the petitioner has approached this Court.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representations as early as in October, 2021, a mandamus is issued to the respondents to survey the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is also closed.

22.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi District, Tenkasi.

3.The Tahsildar, Sankarankovil - Taluk, Tenkasi.

4.The Surveyor, Sankarankovil - Taluk, Tenkasi.

P.T.ASHA, J.

Ns Dated: 22.08.2024