Madras High CourtWP/28539/2022disposed of with direction

V.Rajammal v. The District Collector

2022-10-28Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.28539 of 2022 V.Rajammal .. Petitioner Vs.

1. The District Collector, Thiruvallur District.

2. The Dhasilthar, Dhasilthar Officer, Oothukottai, Thiruvallur District.

3. The Surveyor, Dhasilthar Office, Oothukottai, Thiruvallur District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ or direction in the nature of Writ of Mandamus directing the 2nd and 3rd Respondent to consider the

petitioner's representation dated 11.08.2022 to survey the petitioner's land as per the Patta No.256 and to make Correction in Online FMB sketch in Survey No.224/1B Situated at Akkarapakkam Village, Oothukkottai Taluk, Thiruvallur District as early as possible.

For Petitioner : R.Pushpalatha For Respondents : Mr.U.Baranidharan, Additional Government Pleader

O R D E R

The present petition has been filed seeking to direct the Respondents 2 & 3 to consider the petitioner's representation dated 11.08.2022 made for surveying the petitioner's land as per the Patta No.256 and to make corrections in Online FMB sketch in Survey No.224/1B Situated at Akkarapakkam Village, Oothukkottai Taluk, Thiruvallur District.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for respondents.

3. It is the case of the petitioner that originally the subject property belongs to the petitioner's husband. After the demise of the petitioner's husband, the aforesaid property was partitioned among the petitioner and her children, pursuant to which, the petitioner was given a particular portion of the property in Survey No.256 and she is in absolute possession and enjoyment of the same. Due to some discrepancy existed in actual measurements in the online patta, the petitioner made a representation dated 11.08.2022 to the respondents seeking to survey her property. However, till date, the same has not been considered. Hence, the present petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the Respondents to consider the petitioner's representation dated 11.08.2022 seeking to survey her property and dispose of the same on merits within the time stipulated by this Court.

5. On the above contentions, this Court heard the learned Additional Government Pleader appearing for the respondents.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the 2nd Respondent/Tahsildar to consider the petitioner's representation dated 11.08.2022 seeking to survey her land and dispose of the same in accordance with law, after affording an opportunity of personal hearing to the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

28.10.2022 NHS Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order To

1. The District Collector, Thiruvallur District.

2. The Dhasilthar, Dhasilthar Officer, Oothukottai, Thiruvallur District.

3. The Surveyor, Dhasilthar Office, Oothukottai, Thiruvallur District.

M.DHANDAPANI, J.

NHS W.P.No.28539 of 2022 28.10.2022