Madras High Court
S.Kamatchi vs The District Collector on 9 March, 2022
W.P.(MD)No.4153 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.4153 of 2022
S.Kamatchi ... Petitioner
/Vs./
1.The District Collector,
Tiruchirappalli District,
District Collector's Office Campus,
Tiruchirappalli – 1.
2.The Tahsildar,
Thuraiyur Taluk,
Trichy District.
3.The Surveyor,
Thuraiyur Taluk,
Trichy District. ... Respondents
PRAYER: Writ Petition is 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 conduct a land survey, and measure the properties
situated at Thalugai Village, Survey S.F.No.834/6 acre, 1.90 Cents and
S.F.No.824/4 acre, 3.00, in total acre 4.90 cents, Thuraiyur Taluk,
Tiruchirappalli District, and mark the boundaries so as to enable the
petitioner to put up fencing around the property, based on the petitioner's
application with payment challan dated 24.08.2021.
1/8
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W.P.(MD)No.4153 of 2022
For Petitioner : Mr.R.Narayanan
For Respondents : Mr.B.Saravanan
Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the respondents to conduct survey and measure the properties
situated at Survey S.F.No.834/6 measuring 1.90 acres and S.F.No.824/4
measuring 3.00 acres, in total 4.90 acres, Thalugai Village, Thuraiyur
Taluk, Tiruchirappalli District, and demarcate the boundaries, based on
the petitioner's application dated 24.08.2021, within a time frame to be
fixed by this Court.
2.The petitioner claims that she is the absolute owner of the
aforementioned properties. According to the petitioner, her brother,
Mr.Selvaraj, has filed a suit in O.S.No.77 of 2011 on the file of the
District Munsif Court, Thuraiyur, alleging to have got an agreement of
sale executed by the petitioner in his favour and sought for permanent
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W.P.(MD)No.4153 of 2022
injunction in the said suit. The suit came to be dismissed on 29.08.2018.
Aggrieved by the same, Mr.Selvaraj has filed an appeal in A.S.No.14 of
2019 on the file of the Sub Court, Thuraiyur, which also came to be
dismissed on 25.11.2019.
3.It is the contention of the petitioner that no second appeal has
been filed thereafter and therefore, the dispute between the petitioner and
her brother, Mr.Selvaraj, has attained finality. In such circumstances, the
petitioner has submitted an application on 24.08.2021 followed by a
representation dated 09.09.2021 requesting for police assistance calling
upon the second and third respondents to conduct survey and measure the
petitioner's properties and thereafter demarcate the boundaries. Since the
application and the representation have not been considered till date, she
has filed this writ petition.
4.Heard Mr.R.Narayanan, learned Counsel for the writ petitioner
and Mr.B.Saravanan, learned Additional Government Pleader who
accepts notice on behalf of the respondents.
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W.P.(MD)No.4153 of 2022
5.In respect of the claim that the petitioner is the absolute owner of
the aforementioned properties, she has filed documents, namely pattas
standing in her name along with this writ petition. No prejudice would
be caused to the respondents, if the survey and demarcation of
boundaries to the petitioner's properties is done, after giving due notice
to the petitioner, her brother, Mr.Selvaraj, who had filed a suit and
appeal, which according to the petitioner, has attained finality and has
gone against him, as per the Judgment of the lower appellate Court in
A.S.No.14 of 2019 on the file of the Sub Court, Thuraiyur.
6.All the documents filed along with this writ petition will have to
be considered by the second and third respondents, while conducting
survey and demarcation of boundaries and prior notice will have to be
given to the petitioner and her brother, Selvaraj. The survey and
demarcation of the properties will have to be done by the second and
third respondents only in their presence. No prejudice would be caused
to the respondents, if the aforesaid exercise is done in the presence of the
petitioner and her brother, Mr.Selvaraj.
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W.P.(MD)No.4153 of 2022
7.The learned Additional Government Pleader appearing for the
respondents submits that due to the dispute between the petitioner and
her brother, Mr.Selvaraj, there is a chance of law and order problem
happening. The same is recorded.
8.In the result, this Court directs the second and third respondents
to conduct survey and measure the properties situated at Survey S.F.No.
834/6 measuring 1.90 acres and S.F.No.824/4 measuring 3.00 acres, in
total 4.90 acres, Thalugai Village, Thuraiyur Taluk, Tiruchirappalli
District, and demarcate the boundaries thereafter, in the presence of the
petitioner and her brother, Mr.Selvaraj and if required, the second and
third respondents shall seek assistance of the concerned police
preventing any untoward incident from happening, within a period of
twelve [12] weeks from the date of receipt of a copy of this order.
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W.P.(MD)No.4153 of 2022
9.With the above direction, this Writ Petition stands disposed of.
There shall be no order as to costs.
09.03.2022
Index : Yes / No
Internet : Yes / No
sm
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W.P.(MD)No.4153 of 2022
To
1.The District Collector,
Tiruchirappalli District,
District Collector's Office Campus,
Tiruchirappalli – 1.
2.The Tahsildar,
Thuraiyur Taluk,
Trichy District.
3.The Surveyor,
Thuraiyur Taluk,
Trichy District.
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W.P.(MD)No.4153 of 2022
ABDUL QUDDHOSE, J.
sm
order made in
W.P.(MD)No.4153 of 2022
Dated:
09.03.2022
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