S.Ramasmay v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.1752 of 2019 S.Ramasamy .. Petitioner Vs.

1. The District Collector, Coimbatore, Coimbatore District.

2. The Revenue Divisional Officer, Coimbatore South, Coimbatore District.

3. The Tashildar, Sulur Taluk, Coimbatore.

.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to effect sub division after measuring the property of petitioner comprised in Survey Numbers 448,485,486/2 situated at J.Krishnaapuram Village, Sulur Taluk, Coimbatore District and consequently issue sub division patta transfer in the name of petitioner by considering petitioner application bearing can number : L0331210047601, application number: 2018/0105/12/024186 dated 11.07.2018. For Petitioner : Mr.K.Myilsamy For Respondents : Mr.V.Shanmugasundar Special 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 issuance of a Writ of Mandamus to direct the third respondent to

effect sub division after measuring the property of the petitioner comprised in Survey Nos.448, 485, 486/2 situated at J.Krishnaapuram Village, Sulur Taluk, Coimbatore District and to issue sub division patta transfer in his favour, based on his application dated 11.07.2018.

3. According to the learned counsel for the petitioner, the petitioner has submitted an application dated 11.07.2018 seeking to survey his land and to issue patta in his favour in Survey Nos. 448,485,486/2 situated at J.Krishnaapuram Village, Sulur Taluk, Coimbatore District, but, the same is yet to be disposed of by the third respondent. Hence, the petitioner has filed this Writ Petition.

4. Heard Mr.V.Shanmugasundar, learned Special Government Pleader on behalf of the respondents 1 to 3.

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 third respondent is 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 To

1. The District Collector, Coimbatore, Coimbatore District.

2. The Revenue Divisional Officer, Coimbatore South, Coimbatore District.

3. The Tashildar, Sulur Taluk, Coimbatore.

+1 cc to M/s.K.Myilsamy, Advocate SR.No.7696 W.P. No.1752 of 2019 RR(CO) CSL/22.02.2019