Rajeshwari. T v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25127 of 2022 T.Rajeshwari ... Petitioner Vs 1.The Tahsildar, Nilakkottai Taluk Office, Nilakkottai, Dindigul District.
2.The Taluk Surveyor, Nilakkottai Taluk Office, Nilakkottai 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 herein to carry out appropriate survey, demarcate and fix the boundaries of the petitioner's land comprised in Survey No.164/7A and later sub-divided as Survey No.164/7A1B, measuring a total extent of 5888 1⁄4 square feet, situated at Pallapatti Village, Nilakkottai Taluk, Dindigul District. For Petitioner : Mr.R.Thangapandian For Respondents : Mr.D.Sadiq Raja Additional Government Pleader 1/4
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents herein to carry out appropriate survey, demarcate and fix the boundaries of her land comprised in Survey No.164/7A and later sub-divided as Survey No.164/7A1B, measuring a total extent of 5888 1⁄4 square feet, situated at Pallapatti Village, Nilakkottai Taluk, Dindigul District. 2.
Heard Mr.R.Thangapandian, learned counsel appearing for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who 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 learned counsel for the petitioner submitted that the petitioner is the absolute owner of the land, bearing S.No.164/7A, which was later subdivided as S.No.164/7A1B, measuring a total extent of 5888 1⁄4 square feet, situated at Pallapatti Village, Nilakkottai Taluk, Dindigul District, based on the registered Gift Settlement Deed, bearing Document No.1015/2007, dated 09.04.2007, executed by her mother, namely, Chellammal. The first respondent also issued Patta, bearing No.2467 in the name of the petitioner. From the said date onwards, the petitioner is in possession and enjoyment of the said land. In order to ascertain the boundaries of the said land, the petitioner submitted a 2/4
representation to the respondents on 13.01.2022 along with requisite fees. Since the petitioner's representation was not considered, she has approached this Court by way of filing the present Writ Petition for the relief stated supra. 4.
The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's land would be measured and demarcated on the basis of her representation, dated 13.01.2022, after issuing a notice to all the necessary parties concerned, within a time frame to be fixed by this Court.
5.
Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents, this Court, without going into the merits of the case, directs the respondents to survey and demarcate the property in question, based on the petitioner's representation, dated 13.01.2022, after issuing notice to all the necessary parties concerned, within a period of eight weeks from the date of receipt of a copy of this order. 6.
This Writ Petition stands disposed of with the above directions. No costs.
07.11.2022 Index : Yes/No smn2 3/4
V.BHAVANI SUBBAROYAN, J.
smn2 To 1.The Tahsildar, Nilakkottai Taluk Office, Nilakkottai, Dindigul District.
2.The Taluk Surveyor, Nilakkottai Taluk Office, Nilakkottai Taluk, Dindigul District.
W.P(MD)No.25127 of 2022 07.11.2022 4/4