A.Joseph Jesintha v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Joseph Jesintha ... Petitioner Vs.
1.The District Collector, Sivagangai, Sivagangai District.
2.The Tahsildhar, Karaikudi Taluk, Sivagangai District.
3.The Surveyor, Kallal Firka, Karaikudi Taluk, Sivagangai District.
4.The Village Administrative Officer, Varivayal Village, Karaikudi Taluk, Sivagangai District.
5.Immanuel 6.Arockia Selvaraja ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action to measure the property in Survey Nos. 4/3, 4/5, 4/6A to an extent of 1 Acre 32 cents located at Varivayal Village, Karaikudi Taluk, Poyyallur Ulkadai, Sivagangai District, based on the representation of the petitioner dated 26.05.2025 made to the respondents 1 and 2 and pursuant to the payment made by the petitioner in Challan No.20220216006389, dated 16.02.2022 and challan No. 20250130008644, dated 30.01.2025 with a time frame fixed by this Court.
For Petitioner : Mr.S.Mohamed Kadhar For R1 to R4 : Mr.D.S.Nedunchezian Government Advocate
ORDER
The petitioner herein seeks a direction to the respondents 1 and 2 to survey the properties situated in Survey Nos.4/3, 4/5 and 4/6A in Varivayal Village, Karaikudi Taluk, Poyyallur Ulkadai, Sivagangai District, by considering her representation dated 26.05.2025 2.Heard the arguments of Mr.S.Mohamed Kadhar, learned counsel
appearing for the petitioner and Mr.D.S.Nedunchezian, learned Government pleader appearing for the respondents 1 to 4. Since no adverse order is passed against the respondents 5 and 6, notice to them is dispensed with.
3.According to the petitioner, she purchased 87 cents of land in Survey Nos.4/5 and 4/6A under a sale deed dated 25.08.2011 and her husband purchased 45 cents of land in Survye No.4/3 under a sale deed dated 15.11.2006. Thus, the petitioner and her husband are entitled to a total extent of 1 acre 32 cents in the above mentioned survey numbers. The pattas for the subject properties were issued in the names of the petitioner and her husband in Patta Nos.690 and 618. The petitioner submitted an application on 30.01.2025, seeking survey of the subject properties and the same has not been considered. Hence, she submitted a representation on 26.05.2025 before the official respondents and the same has also not been considered. Hence, the petitioner has come before this Court.
4.The learned Government Advocate appearing for the
respondents 1 to 4 would submit that the petitioner has not filed proper online application and hence, her request has not been considered. 5.In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to produce the acknowledgment for having submitted an online application seeking survey of the subject properties before the second respondent within a period of two weeks from the date of receipt of a copy of this order. On production of acknowledgment, the second respondent shall consider the online application of the petitioner and pass final orders on its own merits within a further period of twelve weeks, after issuing notice to the petitioner, her husband, private respondents 5 and 6, neighbouring land owners and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.
30.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp
To 1.The District Collector, Sivagangai, Sivagangai District.
2.The Tahsildhar, Karaikudi Taluk, Sivagangai District.
3.The Surveyor, Kallal Firka, Karaikudi Taluk, Sivagangai District.
4.The Village Administrative Officer, Varivayal Village, Karaikudi Taluk, Sivagangai District.
S.SOUNTHAR ,J cp W.P.(MD)No.20757 of 2025 Dated: 30.07.2025