Muthupandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Muthupandi .. Petitioner Vs.

1.The District Collector, Office of the District Collector, Thanjavur-613 010.

2.The Revenue Divisional Officer, Office fo the Revenue Divisional Officer, Pattukottai, 3.The Tahsildar, Office of the Tahsildar, Thiruvonam, Thanjavur District.

4.The Inspector of Police, Vaathathikottai Police Station, 5.Devayani .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, direct the respondent No.3 to

survey the petitioner's land and fix the boundary stones in Survey No. 112/5A with an total extent of 10 cents and issue separate patta by sub division for the above said survey number bearing Joint Patta No.1734 by considering the representation, dated 14.09.2024. For Petitioner :

Mr.K.Pragadeesh Kumar For R1 - R3 :

Mr.D.S.Neduncheziyan Government Advocate For R4 :

Mr.K.Sanjay Gandhi Government Advocate(Crl.Side)

ORDER

This writ petition is filed for a mandamus to direct the respondent No.3 to survey the petitioner's land and fix the boundary stones in Survey No.112/5A measuring an total extent of 10 cents and issue separate patta by sub division for the above said survey number bearing Joint Patta No. 1734 by considering the representation, dated 14.09.2024.

2. The contention of the petitioner is that one Subbiyan had executed a sale deed in favour of the petitioner's father on 25.02.1991 and he in turn had executed a sale deed in favour of the petitioner on

04.01.2016 for valid consideration. On 14.06.2024, the petitioner had made an application and paid necessary fee for surveying and demarcating the property. In response to the same, the 3rd respondent along with 4th respondent had visited the subject property on 30.07.2024. However, the 5th respondent had created a problem not to survey the land as the same belong to her. Thereafter, no further action on the side of the revenue authorities. On 14.09.2024, the petitioner had sent a representation to the respondents to survey the land. Since the respondents did not take any further steps, 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. The petitioner shall submit all the relevant records to show his title to the property and the

respondents shall, after issuing notice to the adjacent land owners and interested parties including the 5th respondent, hold an enquiry and thereafter proceed to pass orders either surveying and demarcating the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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

01.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Office of the District Collector, Thanjavur-613 010.

2.The Revenue Divisional Officer, Office fo the Revenue Divisional Officer, Pattukottai,

3.The Tahsildar, Office of the Tahsildar, Thiruvonam, Thanjavur District.

4.The Inspector of Police, Vaathathikottai Police Station,

P.T.ASHA, J.

gbg 01.10.2024