Madras High CourtWP/1027/2019disposed of

K.Kavitha v. The District Collector

2019-01-22Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.1027 of 2019 K.Kavitha .. Petitioner Vs.

1. The District Collector, Erode District, Erode.

2. The District Revenue Officer, Erode District, Erode.

3. The Revenue Divisional Officer, Gopichettipalayam, Erode District.

4. The Tahsildar, Sathayamangalam Taluk, Sathyamangalam, Erode District.

5. The Taluk Head Surveyor, Sathayamangalam Taluk, Sathyamangalam, Erode District. .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 4 and 5 to take action to dispose of the petitioner's representation dated 12.12.2018 submitted with regard to survey and issue patta to the petitioner in respect of the properties of an extent of hectares 0.59.0 (Acre 1.46 cents), comprised in Punjai Survey No.258/1, Old Survey No.97-B, in Gundri Village, Sathyamangalam Taluk, Erode District. For Petitioner : Mr.V.Logeswaren For Respondents : Mr.M.Jothikumar Additional Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the respondents 4 and 5 to consider the petitioner's representation dated 12.12.2018 to survey and issue patta in respect of the properties of an extent of hectares 0.59.0 (Acre 1.46 cents), comprised in Punjai Survey No.258/1, Old Survey No.97-B, situated in Gundri Village, Sathyamangalam Taluk, Erode District.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 12.12.2018 seeking to survey and issue patta in her favour measuring to an extent of hectares 0.59.0 (Acre 1.46 cents), comprised in Punjai Survey No.258/1, Old Survey No.97-B, situated in Gundri Village, Sathyamangalam Taluk, Erode District, but, the same is yet to be disposed of by the respondents 4 and 5. Hence, the petitioner has filed this Writ Petition.

4. Heard Mr.M.Jothikumar, learned Additional Government Pleader on behalf of the respondents.

5. It is the fact that there is dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioners herein waiting their properties to be surveyed. Hence, the respondents 4 and 5 are directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

av/rsi To

1. The District Collector, Erode District, Erode.

2. The District Revenue Officer, Erode District, Erode.

3. The Revenue Divisional Officer, Gopichettipalayam, Erode District.

4. The Tahsildar, Sathayamangalam Taluk, Sathyamangalam, Erode District.

5. The Taluk Head Surveyor, Sathayamangalam Taluk, Sathyamangalam, Erode District.

+1 cc to Mr.V.Logeswaran, Advocate Sr.No.4319 +1 cc to The Government Pleader Sr.No.5078 W.P. No.1027 of 2019 RK(CO) CSL/12.02.2019