Case Note & Summary
The petitioner, Dayana, filed a Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents, particularly the Tahsildar and Surveyor (respondents 3 and 4), to survey and demarcate her property comprised in S.No.751/1, to an extent of 50 cents, patta No.1131, situated at Kaliyal Village, Vilavancode Taluk, Kanyakumari District, and to issue a separate patta in her name. She also sought police protection from respondents 2 and 5. The property originally belonged to the petitioner's mother, who executed a settlement deed on 3.5.2021 in favor of the petitioner. Due to disturbances from respondents 5 to 7 (private parties), the petitioner approached the authorities and paid necessary fees for survey and demarcation, but received no response. The learned Additional Government Pleader submitted that the survey was scheduled to be held on the date of hearing. The court, after hearing both sides, directed the third and fourth respondents to consider the petitioner's online application dated 8.2.2023 and complete the survey and demarcation within four weeks. The court also directed the second and fifth respondents to provide police protection for the survey if required. The writ petition was disposed of with these directions.
Headnote
A) Property Law - Survey and Demarcation - Writ of Mandamus - Petitioner sought direction to survey and demarcate property and issue patta - Court directed respondents to consider petitioner's application and complete survey within four weeks - Held that the respondents must act on the application and provide police protection if necessary (Paras 1-6).
Issue of Consideration
Whether the respondents should be directed to survey and demarcate the petitioner's property and issue a separate patta based on the petitioner's application.
Final Decision
The court directed the third and fourth respondents to consider the petitioner's online application dated 8.2.2023 and complete the survey and demarcation within four weeks. The second and fifth respondents were directed to provide police protection for the survey if required. The writ petition was disposed of.
Law Points
- Writ of Mandamus
- Survey and Demarcation
- Patta Issuance
- Police Protection
