← Library
Madras High CourtWP(MD)/23594/2024allowed

Annapoorani v. The District Collector

2024-10-04Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

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

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer, Srirengam Revenue Division, Vannankovil, Tiruchirappalli.

4.The Tahsildar, Manapparai, Tiruchirappalli District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 4th respondent to measure and identify the property in Survey No.318/6A and survey No.318/6B and club survey No.318/6A and survey No.318/6B of

Vaiyampatti Village, Manapparai Taluk, Tiruchirappalli District and issue a fresh patta to the petitioner based on the petitioner's representations, dated 05.06.2024, 27.06.2024 and 14.08.2024.

For Petitioner :

Mr.T.M.Madasamy For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed for a mandamus to direct the 4th respondent to measure and identify the property in survey No.318/6A and survey No.318/6B and club survey No.318/6A and survey No.318/6B of Vaiyampatti Village, Manapparai Taluk, Tiruchirappalli District and issue a fresh patta to the petitioner based on the petitioner's representations, dated 05.06.2024, 27.06.2024 and 14.08.2024.

2. The case of the petitioner is that her mother had purchased an extent of 0.58.50 hectares comprised in Survey No.318/6 at Vaiyampatty Village, Manapparai Taluk on 24.09.1979. Since then, her mother has been in possession and enjoyment of the same. The 4th respondent without her mother's knowledge, had subdivided the property as Survey

Nos.318/6A and 318/6B. Hence, she filed a suit in O.S.No.282 of 2016 on the file of Principal District Munsif, Manapparai for a declaration and permanent injunction against the District Collector, Tiruchirappali District and others. The same was decreed in her favour. The Block Development Officer, Vaiyampatty Panchayat Union and the President are trying to lay road on her property. In order to save the encroachment, she made an execution petition in E.P.No.17 of 2020 in O.S.No.282 of 2016 and the same is pending. She had executed the above said land in favour of the petitioner on 21.03.2024. Since then, the petitioner has been in possession and enjoyment of the same. Thereafter, the petitioner had made a representation to the 4th respondent to club the subdivided survey numbers and to issue a patta in her favour. On 13.08.2024, the petitioner had made a representation and paid necessary fee for conducting survey. Despite receiving the same, no action has been taken. Hence, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner, a mandamus is issued to the respondents to consider the representations of the petitioner, dated 27.06.2024 and 14.08.2024 and pass orders 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.

04.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer, Srirengam Revenue Division, Vannankovil, Tiruchirappalli.

4.The Tahsildar, Manapparai, Tiruchirappalli District.

P.T.ASHA, J.

gbg 04.10.2024