Jeyachitra v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Jeyachitra .. Petitioner Vs.
1.The District Collector, District Collectorate, Sivagangai District.
2.The Tahsildar, Tahsildar Office, Singampunari Taluk, Sivagangai District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Devakkottai, Sivagangai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents herein to survey and fix the boundary of the land property in S.F.No. 31/8A, Jeyankondanilai alias Senthalai Village, 71, Madhagupatti Sub District, Sivagangai District, bearing Patta No.1715 on basis of the petitioner's representation dated 13.09.2024 within the time frame to be stipulated by this Court.
For Petitioner :
Mr.R.Manoharan For Respondents :
Mr.P.Thambidurai Government Advocate
ORDER
This writ petition has been filed seeking a direction to the respondents to survey and fix the boundary in respect of S.F.No.31/8A, Jeyankondanilai alias Senthalai Village, 71, Madhagupatti Sub District, Sivagangai District, bearing Patta No.1715 on basis of the petitioner's representation dated 13.09.2024.
2. The case of the petitioner is that on 30.11.2012, the petitioner's husband Malaichamy purchased 75 cents of land, which was later rectified by deed on 29.03.2013. The petitioner's husband sold part of the land and retained 49 cents for which he obtained patta. The land included a house, coconut and lemon plantations and has been exclusively possessed by the petitioner and her husband. While so, the petitioner's husband passed away on 29.10.2023 leaving behind the petitioner, his mother and three children. The petitioner would submit that in order to avoid unnecessary issues, the petitioner requested the
respondents to survey and demarcate the boundaries. But no action has been taken. The petitioner has also sent a representation on 13.09.2024 and paid necessary fee on 31.08.2024, which has also evoked no response. Therefore, this writ petition.
3. Heard the learned counsel on either side.
4. Considering the request of the petitioner and also the fact that the petitioner has made her representation on 13.09.2024, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned property. 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 either surveying and subdividing 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 two months from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is allowed. No costs.
22.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, District Collectorate, Sivagangai District.
2.The Tahsildar, Tahsildar Office, Singampunari Taluk, Sivagangai District.
3.The Revenue Divisional Officer, Revenue Divisional Office, Devakkottai, Sivagangai District.
P.T.ASHA, J.
abr Dated: 22.10.2024