Gandhi. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024

CORAM:

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

1.The District Collector, Ramanathapuram District.

2.The District Revenue Officer, Ramanathapuram District.

3.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

4.The Taluk Surveyor, Thiruvadanai Taluk, Ramanathapuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent No. 3 and 4 to conduct Survey and demarcate the boundaries of the petitioner's land situated in S.No.288/110, A.Manakudi, Thiruvadanai Taluk, Ramanathapuram District as per her Challan, dated 25.06.2024 within stipulated time framed by this Court.

For Petitioner : Mr.J.Udhaya Kumar For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus to direct the respondents 3 and 4 to conduct survey of the property comprised in S.No.288/110 situated at A.Manakudi, Thiruvadanai Taluk, Ramanathapuram District as per her challan, dated 25.06.2024.

2. The case of the petitioner is that he is residing and doing cultivation in the petition mentioned property without any hindrance. On 25.06.2024, the petitioner made an application and he has also paid the necessary fee for conducting survey and demarcating the boundaries in the said property. Since no further action has been taken on the side of the respondents, 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 his representation as early as in June, 2024, a

Mandamus is issued to the respondents to conduct survey and mark the boundaries in the petition mentioned property. If there is any law and order problem, the revenue officials shall seek police protection. In such circumstances, the jurisdictional police shall provide police protection to the revenue officials for conducting survey and demarcation. 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 and issue patta as per survey. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands allowed. No costs.

09.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, Ramanathapuram District.

2.The District Revenue Officer, Ramanathapuram District.

3.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

4.The Taluk Surveyor, Thiruvadanai Taluk, Ramanathapuram District.

P.T.ASHA, J.

gbg 09.09.2024