Kamala @ Narasimmareddy v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2018
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.22969 of 2018 Kamala @ Narasimmareddy
...Petitioner
..Vs..
1. The District Revenue Officer, Dharmapuri District, Dharmapuri.
2. The Revenue Divisional Officer, Dharmapuri.
3. The Assistant Director, District land Survey Office, Dharmapuri, Dharmapuri District.
4. The Tahsildar, Pappireddipatty Taluk, Pappireddipatty Dharmapuri District.
5. Shanmugam
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to survey the land in S.No.27/1A1 totally to the extent of 10 cents situated in Baiyarnatham Village, Pappireddy Taluk, Dharmapuri District based on the representations of the petitioner dated 24.02.2018, 26.03.2018 and 19.04.2018 and the proceedings in O.Mu.882/2013 (Pa2) dated 30.01.2013 on the file of the 1st respondent, proceedings in Na.Ka.(G8)/Petition No.54/2018 dated 07.03.2018 on the file of the third respondent and proceedings in O.Mu.5227/2018/Pa2 dated 09.04.2018 on the file of the first respondent and issue patta by including remaining 2 cents of land.
For Petitioner : Mr.S.Doraisamy For Respondents: Mr.N.Inbanathan (R1 to R4) Additional Government Pleader No appearance (R5)
O R D E R
This Writ Petition has been filed seeking for a direction to the respondents 1 to 4 to survey the land in S.No.27/1A1 totally to the extent of 10 cents situated in Baiyarnatham Village, Pappireddy Taluk, Dharmapuri District based on the representations of the petitioner dated 24.02.2018, 26.03.2018 and 19.04.2018 and the proceedings in O.Mu.882/2013 (Pa2) dated 30.01.2013 on the file of the first respondent, proceedings in Na.Ka.(G8)/Petition No.54/2018 dated 07.03.2018 on the file of the third respondent and proceedings in O.Mu.5227/2018/Pa2 dated 09.04.2018 on the file of the first respondent and issue patta by including remaining two cents of land.
2. The case of the petitioner is that despite several representations made by the petitioner to the third respondent which inturn was forwarded to the fourth respondent for taking action, the fourth respondent had not taken any action. Hence, the petitioner submitted a representation to the first and second respondents to take action for surveying the land. But, no action has been taken on the same till date. Hence, the petitioner has come forward with this Writ petition seeking for the aforesaid relief.
3. Heard the learned counsel for the petitioner, as well as learned Additional Government Pleader who takes notice on behalf of the respondents 1 to 4.
4. The learned counsel appearing for the petitioner would submit that the petitioner has also paid necessary fees vide challan to the fourth respondent for surveying the land on 19.04.2018.
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 petitioner herein waiting their properties to be surveyed. Hence, the respondents 1 to 4 are directed to have a list of such request 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, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, the fifth respondent and others, if any interested in the matter.
6. With the above direction, this writ petition stands disposed of. No costs.
arr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The District Revenue Officer, Dharmapuri District, Dharmapuri.
2. The Revenue Divisional Officer, Dharmapuri.
3. The Assistant Director, District land Survey Office, Dharmapuri, Dharmapuri District.
4. The Tahsildar, Pappireddipatty Taluk, Pappireddipatty Dharmapuri District.
+1cc to Mr.S.Doraisamy, Advocate, S.R.No.88263 +1cc to the Government Pleader, S.R.No.88923 W.P.No.22969 of 2018 KJ(CO) KAK(22/01/2019)