Sulfiya Banu. M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 07.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25185 of 2022 M.Sulfiya Banu ..Petitioner Vs 1.The District Collector, Velu Nachiar Complex, Chetinayakanpatti, Dindigul District.
2.The Tahsildar, Nilakkottai Taluk, Dindigul District - 624 208.
3.The Head Surveyor, Land Survey Division, Nilakottai, Dindigul District - 624 208.
4.The Village Administrative Officer, Kanavaipatti Village, Nilakottai Taluk, Dindigul District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to survey the Petitioner's land and fix the boundaries comprised in S.No. 348/1, situated at Kanavaipatti Village, Nilakkottai Taluk, Dindigul District. For Petitioner :Mr.A.Mohan For Respondents:Mrs.K.Christy the Boras Addl. Government Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to survey the Petitioner's land and fix the boundaries comprised in S.No.348/1, situated at Kanavaipatti Village, Nilakkottai Taluk, Dindigul District.
2.Mrs.K.Christy the Boras, learned Additional Government Pleader takes notice for the respondents. 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 and his paternal uncle Mohammed Mansoor are having lands in S.No.348/1 measuring an extent of 10 acre and 81 cents in Joint patta No.1376 in the above said village, as stated supra. After the demise of Petitioner's father, there was a family partition executed in Document No.731/2002, on the file of the Sub-Registrar Office, Periyamet, Chennai, in which, item No.3 of Schedule 'D' of the property measuring an extent of 4 acres and 23 cents was allotted to the Petitioner. The Petitioner has submitted a representation on 3.9.2022 to the respondents 2 and 3 requesting them to survey and demarcate the boundaries of the above said lands and has also remitted a sum of Rs.800/- as fees through online with necessary documents.
The Petitioner had also submitted another application/reminder on 12.10.2022 reiterating the ealier demand, but
so far the said demand has not been meted out. Hence the Petitioner has filed the present Writ Petition, for the relief stated supra. 4.The learned Additional Government Pleader appearing for the respondents would submit that the Petitioner's representation will be considered on merits and in accordance with law, within the period prescribed by this Court.
5.In view of the above submission, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the Petitioner, dated 3.9.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of 12 weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.
07.11.2022 Index : Yes/No Internet:Yes/No vsn
To 1.The District Collector, Velu Nachiar Complex, Chetinayakanpatti, Dindigul District.
2.The Tahsildar, Nilakkottai Taluk, Dindigul District - 624 208.
3.The Head Surveyor, Land Survey Division, Nilakottai, Dindigul District - 624 208.
4.The Village Administrative Officer, Kanavaipatti Village, Nilakottai Taluk, Dindigul District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25185 OF 2022 07.11.2022