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Madras High CourtWP/10362/2022disposed of

R.Manimegalai v. The District Collector

2022-04-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.10362 of 2022 R.Manimegalai

...Petitioner

Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Tahsildar, Pappireddipatti Taluk, 4.The Village Administrative Officer, Regadahalli Village,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to dispose of petitioner online application dated 10.12.2021, to survey and mark the boundaries of petitioner land in Survey No.94/5 situated at Regadahalli Village, Pappireddipatti Taluk, Dharmapuri District, within a stipulated time, on merits. For Petitioner : M/S.Krishnasamy Chinnasamy For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to dispose of the petitioner's online application, dated 10.12.2021, to survey and mark the boundaries of the petitioner's land in Survey No.94/5 situated at Regadahalli Village, Pappireddipatti Taluk, Dharmapuri District, within a stipulated time, on merits.

2. The case of the petitioner is that the aforesaid property originally belonged to the petitioner's father. Further, the petitioner's father had executed a settlement

deed in favour of the petitioner, vide Document No.620/1995, on the file of Sub Registrar Office, Pappireddipatti. Subsequently, the Patta was also issued by the Competent Authority, vide Patta Book No.174 and the petitioner's name was mutated in all the Revenue Records. Thereafter, the petitioner and her family members are in peaceful possession and enjoyment of the same. While so, the petitioner made a representation dated 13.12.2021 before the third respondent, seeking to measure and survey her property by fixing boundary stones on four sides of the aforesaid land and the petitioner has also paid necessary fee of Rs.800/-. As the said representation made by the petitioner has evoked no response from the third respondent, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the third respondent to consider the petitioner's representation dated 13.12.2021 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 13.12.2021 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar jd/rap To 1.The District Collector, 2.The District Revenue Officer,

3.The Tahsildar, Pappireddipatti Taluk, 4.The Village Administrative Officer, Regadahalli Village, +2ccs to Mr.Krishnasamy Chinnasamy, Advocate SR. No. 28977 +1cc to Government Pleader SR. No. 30443 W.P. No.10362 of 2022 RSV (CO) PR (19/05/2022)