Rathnadevi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Rathnadevi .. Petitioner Vs.
1.The District Collector, Trichirappalli District, Collectorate Buildings, Trichirappalli.
2.The Tahsildar, Srirangam Taluk, Trichirappalli District.
3.The Taluk Surveyor, Srirangam Taluk, Trichirappalli District.
4.The Inspector of Police, Manikandam Police Station, Trichirappalli District.
..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to take appropriate action to measure / survey the petitioner's property situate in Survey Nos.300/6 and 300/7 of Adhavathur East Village, Srirangam Taluk, Trichirappalli District within the time frame to be fixed
by this Court and directing the 4th respondent to provide adequate police protection for conducting survey of the petitioner's property. For Petitioner :
Mr.K.S.Kathiravan For R1 - R3 :
Mr.P.Thambidurai Government Advocate For R4 :
Mr.Gnanasekaran Government Advocate
ORDER
The present writ petition has been filed for a mandamus to the respondents to survey the petitioner's property comprised in Survey Nos. 300/6 and 300/7 of Adhavathur East Village, Srirangam Taluk, Trichirappalli District and directing the 4th respondent to provide adequate police protection for conducting survey of the petitioner's property.
2. The petitioner has purchased the petition mentioned property from one Sasikumar under a registered sale deed, dated 19.03.2022. Since then, he is in possession and enjoyment of the same and the revenue records also stand in his name. In order to protect his property,
he had made necessary applications to the 2nd respondent for surveying the property. The petitioner had also paid necessary fee as early as on 03.09.2024. Since no further steps have been taken on the side of the respondents, the petitioner is before this Court.
3. It is informed by the learned Government Advocate that that the officials are unable to survey the property of the petitioner since there are overgrown shrubs in the property in question.
4. Considering the above submission made by the learned Government Advocate, the petitioner is directed to clear the overgrown shrubs in the said land and intimate the same to the respondents 1 to 3. On such intimation, a Mandamus is issued to the respondents 1 to 3 to conduct survey and mark the boundaries in the petition mentioned property. If there is any law and order problem, the revenue officials shall seek police protection. In such circumstances, the 4th respondent is directed to provide police protection to the revenue officials for conducting survey and demarcation. 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 and issue patta as per survey. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six
(6) weeks from the date of receipt of the written intimation from the petitioner that the property is cleared of all shrubs.
5. With the above directions, this Writ Petition stands allowed. No costs.
19.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Trichirappalli District, Collectorate Buildings, Trichirappalli.
2.The Tahsildar, Srirangam Taluk, Trichirappalli District.
3.The Taluk Surveyor, Srirangam Taluk, Trichirappalli District.
4.The Inspector of Police, Manikandam Police Station, Trichirappalli District.
P.T.ASHA, J.
gbg 19.10.2024