The petitioner, claiming ownership of land via sale deeds and patta, filed a writ petition seeking a survey to mark boundaries. The High Court directed the Thasildar to consider representations and conduct the survey within eight weeks.
Direction to the 2nd respondent to consider representations and conduct a survey to mark boundaries within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.9975 of 2020
Poonkodi
... Petitioner
.Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents herein to consider the petitioner representation dated 02.03.2020 and reminder representation dated 07.07.2020 to measure the boundaries bearing Survey Numbers S.No.80/5E, 80/5M, 80/3, 80/5K, 80/5G and 80/5C admeasure 1.92 acres of land which is situated in Thenampilliyor Village, Pethanaickenpalayam Taluk, Salem District belongs to the petitioner as per Revenue Records.
For Petitioner : Mr.A.Rajakumar
For Respondents: Mr.K.Parameshwaran
Government Advocate
This writ petition has been filed for issuance of a writ of mandamus directing the 2nd and 3rd respondents to consider the representation sent by the petitioner dated 02.03.2020 and to survey the land and mark the boundaries within the time stipulated by this Court.
2.The case of the petitioner is that she is the owner of the subject property by virtue of two registered sale deeds dated
13.02.2006 and 16.11.2009. The further case of the petitioner is that patta is also granted in favour of the petitioner. The petitioner wanted to measure the property and fix the boundaries. The petitioner, therefore, gave representations to the respondents on 02.03.2020 and 07.07.2020 in this regard. The representations were not acted upon, aggrieved by which, the present writ petition has been filed before this Court seeking for appropriate directions.
3.Heard Mr.A.Rajakumar, learned counsel appearing for the petitioner and Mr.K.Parameshwaran, learned Government Advocate, appearing on behalf of the respondents.
4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this present writ petition, there shall be a direction to the 2nd respondent to consider the representations made by the petitioner on 02.03.2020 and 07.07.2020 and take a decision to conduct a survey and to mark the boundaries, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with copy of the representations dated 02.03.2020 and 07.07.2020 and also a copy of the relevant documents and a copy of this order.
With the above directions, this writ petition is disposed
of. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To:
1. The District Collector,
Collectorate, Salem District.
2. The Thasildar,
Taluk Office Campus,
PethanaickenPalayam, Salem District.
3. The Head Surveyor,
Taluk Office Campus,
PethanaickenPalayam, Salem District.
W.P.No.9975 of 2020
rr ii (21/10/2020)
1 issue framed by the court
Whether a direction to the Thasildar and Head Surveyor to consider representations and survey the land within a stipulated time is maintainable.
1 provisions across 1 enactments
Poonkodi
The District Collector, Collectorate, Salem District
The Thasildar, Taluk Office Campus, PethanaickenPalayam, Salem District
The Head Surveyor, Taluk Office Campus, PethanaickenPalayam, Salem District
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
