Madras High CourtWP(MD)/25436/2022disposed of

Saroja Devi.R v. The Tahsildar

2022-11-09Honourable Mrs Justice V.Bhavani Subbaroyan11 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 09.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25436 of 2022 R.Saroja Devi ..Petitioner Vs 1.The Tahsildar, Orathanadu Taluk, Thanjavur District.

2.The Head Surveyor, Orathanadu Taluk, Thanjavur District.

3.The Land Surveyor, Orathanadu Taluk, Thanjavur District.

4.The Superintendent of Police, Thanjavur District.

5.The Deputy Superintendent of Police, Orathanadu Taluk, Thanajvur District.

6.The Inspector of Police, Pappanadu Police Station, Orathanadu Taluk, Thanjavur District.

7.Subban ..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 1 to 3 to measure and fix the boundaries of the Petitioner's properties at Poyyundarkudikadu village in S.Nos.156/1A, 156/2A, 157/2, 157/3,

157/4, 157/5, ,157/6, 157/8, 157/9, 157/10 and 157/11 based on the Petitioners application dated 20.4.2022 and 28.4.2022 within the reasonable time frame fixed by this Court and also to afford adequate police protection to the respondents 1 to 3 by the respondents 4 to 6 to ensure that the boundaries are measurede and stones are fixed without any hindrancs from the adjacent land holders. For Petitioner :Mr.B.Gowtham Arun For Respondents:Mr.C.Satheesh 1 to 3 Government Advocate For Respodnents :Mr.B.Thanga Aravindh 4 to 6 Govt.Advocate(Crl.Side)

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 to 3 to measure and fix the boundaries of the Petitioner's properties at Poyyundarkudikadu village in S.Nos.156/1A, 156/2A, 157/2, 157/3, 157/4, 157/5, ,157/6, 157/8, 157/9, 157/10 and 157/11 based on the Petitioners application dated 20.4.2022 and 28.4.2022 within the reasonable time frame fixed by this Court and also to afford adequate police protection to the respondents 1 to 3 by the respondents 4 to 6 to ensure that the boundaries are measurede and stones are fixed without any hindrance from the adjacent land holders. 2.Mr.C.Satheesh, learned Government Advocate takes notice for the respondents 1 to 3 and Mr.B.Thanga Aravindh, learned Government Advocate(Crl.Side) takes notice for the respondents 4 to 6. 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 has the agricultural lands as above mentioned and they are the shares of the Petitioner's husband which was acquired through partition between his family members. After the demise of her husband, the Petitioner is living alone and her sons are staying abroad. The said properties are in possession and enjoyment of the Petitioner without any hindrance from the date of partition. Whileso, the seventh respondent has made an application for new electricity connection and the authorities have erected poles on the Petitioner's patta lands to draw the electric lines and hence the Petitioner filed W.P(MD)No.21276 of 2021 seeking direction against the Electricity Department to remove the electric Pole which was fixed on the Petitioner's patta lands and the same was ordered on 11.1.

2022 with certain directions.Thereafter the Petitioner has submitted applications on 20.4.2022 and 28.4.2022 to survey and demarcate the Petitioner's property and the Petitioner has also sent reminder on 27.6.2022 in this regard. Since no action was taken,the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Government Advocate appearing for the respondents 1 to 3 would submit that the Petitioner's representations will be

considered and appropriate orders will be passed within the time limit prescribed by this Court.

5.In view of the above said submission, this Court,without going into the merits of the matter, directs the first respondent to consider the representations of the Petitioner, dated 20.4.2022 and 28.4.2022 submitted for surveying and demarcating the Petitioner's above property and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, with police protection, if needed, within a period of 16 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.

09.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The Tahsildar, Orathanadu Taluk, Thanjavur District.

2.The Head Surveyor, Orathanadu Taluk,

Thanjavur District.

3.The Land Surveyor, Orathanadu Taluk, Thanjavur District.

4.The Superintendent of Police, Thanjavur District.

5.The Deputy Superintendent of Police, Orathanadu Taluk, Thanajvur District.

6.The Inspector of Police, Pappanadu Police Station, Orathanadu Taluk, Thanjavur District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25436 of 2022 09.11.2022