Stella v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Stella ... Petitioner vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.The Inspector of Police, Peravoorani Polce Station, Thanjavur District.
4.The Tahsildar, Peravoorani Taluk, Thanjavur District.
5.The Head Surveyor, Peravoorani Taluk, Thanjavur District.
6.Michael ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the fourth respondent to survey the land in Survey Nos.324/17, 18 and 23 situated at Peravoorani II Bit, Peravoorani Taluk, Thanjavur District and consequently, to direct the third respondent to give police protection during survey conducted by the fourth respondent on the basis of the petitioner's representation dated 03.11.2021 within a time frame stipulated by this Court. For Petitioner :Mr.P.Sureshkumar For R1 to R5 :Mr.T.Amjad Khan Government Advocate For R6 :Mr.K.P.Sankara Kumarakuruparan
O R D E R
This Writ Petition has been filed for a Mandamus seeking for a direction to the fourth respondent to survey the land in Survey Nos.324/17, 18 and 23 situated at Peravoorani II Bit, Peravoorani Taluk, Thanjavur District and consequently, to direct the third 1/3
respondent to give police protection during survey conducted by the fourth respondent on the basis of the petitioner's representation dated 03.11.2021 within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 03.11.2021 seeking for survey in respect of the aforementioned property, which she claims that it belongs to her absolutely. Since the said representation has not been considered till date, this Writ Petition has been filed. 3.Heard Mr.P.Sureshkumar, learned Counsel for the petitioner, Mr.T.Amjad Khan, learned Government Advocate appearing for R1 to R5 and Mr.K.P.Sankara Kumarakuruparan, learned Counsel for the sixth respondent.
4.The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for a survey by appointment of a Surveyor and the petitioner has given a representation on 03.11.2021 for the said purpose. 5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 03.11.2021 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.
6.Accordingly, this Court directs the fourth respondent to survey the petitioner's property in Survey Nos.324/17, 18 and 23 situated at Peravoorani II Bit, Peravoorani Taluk, Thanjavur District, after giving notice to the petitioner and rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order. If required, the third respondent shall seek assistance of the fourth respondent police for the purpose of conducting survey and demarcation of the petitioner's land.
7.With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr 2/3
To 1.The District Collector, Thanjavur District, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thanjavur.
3.The Inspector of Police, Peravoorani Polce Station, Thanjavur District.
4.The Tahsildar, Peravoorani Taluk, Thanjavur District.
5.The Head Surveyor, Peravoorani Taluk, Thanjavur District.
+1 CC to M/s.SPL.GP ( SR-16844[F] dated 06/04/2022 ) +1 CC to M/s.P. SURESH KUMAR, Advocate ( SR-17238[F] dated 07/04/2022 ) 05.04.2022 RK(19/04/2022) 3P 8C 3/3