Madras High CourtWP(MD)/22554/2022disposed of

Subbulakshmi .S v. The District Collector

2022-09-26Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 26.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22549 of 2022 S.Subbulakshmi ..Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Ettayapuram, Ettayapuram, Thoothukudi.

3.The District Surveyor, Thoothukudi District, Thoothukudi.

4.Iyyappan 5.Narayanasamy.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to survey and demarcate the Petitioner's land in Patta No.542 in S.No.125/3A measuring an extent of 1.15.00 hectares situated at Kumaragiri Village, Ettayapuram Taluk, Thoothukudi District based on the Petitioner's representation, dated 10.8.2022 For Petitioner :Mr.M.Maran For Respondents :Mr.D.Gandhiraj 1 to 3 Spl.Govt Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the third respondent to survey and demarcate the Petitioner's land in Patta No.542 in S.No.125/3A measuring an extent of 1.15.00 hectares situated at Kumaragiri Village, Ettayapuram Taluk, Thoothukudi District based on the Petitioner's representation, dated 10.8.2022. 2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the Petitioner had got joint patta in Patta No.542 in S.No.125/3A, measuring an extent of 1.15.

00 hectares situated at Kumaragiri Village, Ettayapuram Taluk, Thoothukudi District along with one Chinnappa @ Mariappan, son of Mariappan and one Ramamoorthy, son of Krishnasamy Nayakkar.The respondents 4 and 5 are the adjacent land owners in S.No.125/1 situated in the above address. The respondents 4 and 5 quarrelled with the Petitioner and the joint owners regarding the boundaries of their land. Whileso on 24.10.2020, the Petitioner's one of the joint owner Chinnappa @ Mariaapan made a request to the second respondent to demarcate their land in patta No. 542, S.No.125/3A and also paid the requisite fee for the same.

land, the, again the respondents 4 and 5 have created quarrel and hence the Petitioner on 22.7.2022 lodged a complaint with the Superintendent of Police, Thoothukudi.During enquiry, the respondents 4and 5 told that they do not accept the survey made by the Taluk Surveyor and they demanded the survey to be made by the District Surveyor. In this regard the Petitioner as well as the respondents 4 and 5 made written statements before the above said police and on 10.8.2022, the Petitioner submitted an application seeking survey and demarcation of the Petitioner's land to the third respondent. From that date, there is no progress or steps being taken to consider the said representation/application. Hence the Petitioner has filed the present Writ Petition for the relief stated supra. 4.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the Petitioner's land will be surveyed and demarcated as sought for by him within the time stipulated by this Court.

5.In view of the above submission, this Court, without going into themerits of the matter, directs the third respondent to survey and demarcate the Petitioner's land in Patta No.542 in S.No.125/3A measuring an extent of 1.15.00 hectares situated at Kumaragiri Village, Ettayapuram Taluk, Thoothukudi District based on the Petitioner's representation, dated 10.8.2022, after affording an oppportunity of hearing to all the

parties conerned including the respondents 4 and 5 and if needed, seeking the assistance of the local police for doing the same. The said exercise shall be concluded within a period of 12 weeks from the date of receipt of a copy of this order.

6.With the above directions, the Writ Petition stands disposed of. No costs.

26.09.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Ettayapuram, Ettayapuram, Thoothukudi.

3.The District Surveyor, Thoothukudi District, Thoothukudi.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.22554 of 2022 26.09.2022