Madras High CourtWP/32544/2018disposed of

Malliga v. The Tahsildar

2018-12-10Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.32544 of 2018 1.Malliga 2.Muruganandam .. Petitioners Vs.

The Tahsildar, Marakanam Taluk, Villupuram District. .. Respondent PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to sub-divide the lands(i)comprised in Old Survey No.36/2 and 36/3, New survey No.204/2A measuring 0.56 cents and (ii) comprised in Old Survey No.36/4B, New Survey No.204/5A measuring 0.80 cents, as per patta 336 situated at Koonimedu Village, Marakkanam Taluk, Villupuram District in all measuring to an extent of Acre 1.36 cents, with the time as stipulated by this Court, based on the petitioners respectively dated 12.02.2018.

For Petitioner : Mr.T.Dhanasekaran For Respondents : Mr.S.Sureshkumar Government Advocate

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 respondent to take appropriate action upon the petitioners'

application/representations dated 06.11.2017 & 12.02.2018, to survey and sub-divide the lands(i)comprised in Old Survey No.36/2 and 36/3, New survey No.204/2A measuring 0.56 cents and (ii) comprised in Old Survey No.36/4B, New Survey No.204/5A measuring 0.80 cents, as per patta 336 situated at Koonimedu Village, Marakkanam Taluk, Villupuram District in all measuring to an extent of Acre 1.36 cents.

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3. According to the learned counsel for the petitioners, the petitioners have submitted application/representations dated 06.11.2017 & 12.02.2018 for surveying their land, but, the same are yet to be disposed of by the respondent. Hence, the petitioners are before this Court.

4. Heard Mr.S.Sureshkumar, learned Government Advocate on behalf of the respondent.

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 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 petitioners and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four 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 dn To The Tahsildar, Marakanam Taluk, Villupuram District.

Kanchepuram District.

+1cc to Mr.T.Dhanasekaran, Advocate SR.No.85357 +1cc to Government Pleader SR.No.86294 W.P. No.32544 of 2018 CNR(CO) GMY(25/01/2019) https://hcservices.ecourts.gov.in/hcservices/