M. Mariammal v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Mariammal .. Petitioner Vs.

1.The Revenue Divisional Officer, Thenkasi Division, Thenkasi District.

2.The Tahsildar, Sankarankoil Taluk, Sankarankoil, Thenkasi District.

3.The Assistant Director of Survey and Land Reforms, Thenkasi.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents most particularly the third respondent to survey the petitioner's land of 84 cents in Sy.Nos.264/1 and 264/3A in Keelaneelithanallur Village, Sankarankoil Taluk, Thenkasi District within a time frame if necessary with police protection.

For Petitioner :

Mr.S.Titus For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

Seeking a mandamus to the third respondent to survey her land measuring 84 cents in Sy.Nos.264/1 and 264/3A of Keelaneelithanallur Village, Sankarankoil Taluk, Thenkasi District, the petitioner is before this Court.

2. The case of the petitioner is that she is the absolute owner of the above said land measuring 84 cents by way of a registered sale deed dated 09.10.2007. In this regard, the petitioner applied to the third respondent through online to survey the petition mentioned land by remitting necessary fee. Even after a lapse of one year, the third respondent has not acted on the petitioner's application. Thereafter, on 26.09.2024, the petitioner gave representation to the first respondent and the District Collector, Thenkasi, to direct the third respondent to survey

her land, which was also kept pending without passing any orders. Therefore, the petitioner is before this Court by way of 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 application for survey as early on 18.10.2023 and further representation on 26.09.2024, a mandamus is issued to the third respondent 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 four weeks 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 Revenue Divisional Officer, Thenkasi Division, Thenkasi District.

2.The Tahsildar, Sankarankoil Taluk, Sankarankoil, Thenkasi District.

3.The Assistant Director of Survey and Land Reforms, Thenkasi.

P.T.ASHA, J.

abr Dated: 22.10.2024