Lakshmiyammal A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.17445 of 2024 A.Lakshmiyammal .. Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

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

3.The Tahsildar, Kovilpatti Taluk, Thoothukudi.

4.The Surveyor, Kovilpatti Taluk, Thoothukudi.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 to survey and demarcate the land in S.No.133/16B, with an extent of

0.32.50 Hecs (80 Cents) in Nakkalamuthanoatti Revenue Village, Kovilpatti Taluk, Thoothukudi District, within a time frame to be fixed by this Court.

For Petitioner :

Mr.F.X.Eugene For Respondents :

Mr.D.S.Nedunchezhian Government Advocate

ORDER

The petitioner has filed this writ petition for a mandamus to direct respondents 1 to 4 to survey and demarcate the land in S.No.133/16B, with an extent of 0.32.50 Hectares (80 Cents) in Nakkalamuthanoatti Revenue Village, Kovilpatti Taluk, Thoothukudi District.

2. The case of the petitioner is that the aforesaid property devolved upon her hereditarily from her father and by virtue of long possession. The petitioner is paying kist regularly for the past 50 years. While so, the adjacent owners tried to make alterations by grabbing a part of the above said property. Therefore, the petitioner made arrangements to demarcate the boundaries. Hence, the petitioner filed application before the third

respondent on 24.08.2021 by paying requisite fee. Since no action has been taken on the same, the petitioner filed another application to the third respondent on 04.10.2023. Thereafter, also there is no progress. Left with no other option, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made her representation as early as on 24.08.2021, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed before 24.09.2024.

5. With the above directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

6. Post this matter 'for reporting compliance' on 24.09.2024. 30.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The District Collector, Thoothukudi District, Thoothukudi.

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

3.The Tahsildar, Kovilpatti Taluk, Thoothukudi.

4.The Surveyor, Kovilpatti Taluk, Thoothukudi.

P.T.ASHA, J.

abr Dated: 30.08.2024