Murugavel v. The District Collector
W.P.(MD).No.27040 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.27040 of 2019 Murugavel .. Petitioner Vs.
1.The District Collector, District Collector Campus, Ramanathapuram District.
2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.
3.The Revenue Inspector, Kadaladi Taluk, Ramanathapuram District.
4.The Surveyor, Kadaladi Taluk, Ramanathapuram.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to survey No.252 in Patta No.318 of Keelaselvanur Village Panchayat, Kadaladi Taluk, Ramanathapuram District measuring to an extent of 5 cents and mark the four boundary of the same and issue patta.
For Petitioner : Mr.A.Neethimohan For Respondents : Mr.A.Muthukaruppan Additional Government Pleader
ORDER
This Writ Petition is filed for issuing a Writ of Mandamus directing the second respondent to survey the land in Survey No.252 in Patta No.318 of Keelaselvanur Village Panchayat, Kadaladi Taluk, Ramanathapuram District measuring to an extent of 5 cents and mark the four boundary of the same and issue patta. 2.The petitioner states that the land measuring an extent of 5 cents in Survey No.252 bearing Patta No.318 in Keelaselvanur Village Panchayat, Kadaladi Taluk, Ramanathapuram District, belonged to one Kuppayee Ammal by virtue of a registered sale deed registered as Document No.521 of 1930 before the Sub Registrar, Kadaladi. It is stated that the father of the petitioner inherited the property from the said Kuppayee Ammal and that after the demise of the petitioner's father, the petitioner along with his younger brother by name Ganapathy are in enjoyment without any hindrance. Since the property of the petitioner is not defined with reference to the boundary, the petitioner approached the respondents for fixing the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.27040 of 2019 boundary for the land. Though the respondents admitted that separate patta was issued to the petitioner and his brother in respect of an extent of 172 square meters, it is stated that the respondents have not done anything. Having regard to the pleadings, the learned Counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the second respondent to consider his representation. The petitioner has produced before this Court an acknowledgement issued by the Tahsildar for the copy of the representation furnished in the typed set. In the said circumstances, without expressing any opinion on the merits of the petitioner's claim, this Court is inclined to issue the following direction:
"The petitioner is directed to submit a representation to the Tahsildar within a period of two weeks from the date of receipt of copy of this order and on such representation being submitted by the petitioner, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order, after affording sufficient opportunity to all persons who are the neighbouring land owners."
3.This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The District Collector, District Collector Campus, Ramanathapuram District.
2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.
3.The Revenue Inspector, Kadaladi Taluk, Ramanathapuram District.
4.The Surveyor, Kadaladi Taluk, Ramanathapuram.
+1 CC to M/s.K.NEETHI MOHAN, Advocate ( SR-2010[F] ORDER MADE IN W.P.(MD).No.27040 of 2019 10.01.2020 SMA/13/02/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2