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Madras High CourtWP/30446/2018disposed of

Mrs.Jayakodi, v. The Collector,

2018-11-19Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30446 of 2018 Jayakodi ... Petitioner Vs 1.The Collector Tiruvannamalai Tiruvannamalai District 2.The Revenue Divisional Officer Revenue Divisional Office Tiruvannamalai 3.The Tahsildar Tahsildar Office Thandrampattu Tiruvannamalai District 4.The Head Surveyor Thandrampattu Post Thiruvannamalai District ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Third and Fourth respondents herein to consider the petitioner's representation dated 10.10.2018 and to pass orders to measure, sub-divide and issue patta to the other Survey Numbers 64/3, 64/10, 64/11, 64/12, 64/14, 64/15 & 64/18 for the properties situated at Edathanur Village, Thandrampattu Taluk, Thiruvannamalai District situated within the Sub Registration District of Thandrampattu and Registration District of Tiruvanamalai.

For Petitioner : Mr.K.Narayanan For Respondents: Mr.V.Shanmugasundar Special Government Pleader

O R D E R

By consent of both sides, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for a direction to the third and fourth respondents herein to consider the petitioner's representation dated 10.10.2018 and to pass orders to measure, sub-divide and issue patta to the petitioner's properties comprised in Survey Numbers 64/3, 64/10, 64/11, 64/12, 64/13, 64/15 & 64/18, situated at Edathanur Village, Thandrampattu Taluk, Thiruvannamalai District situated within the Sub Registration District of Thandrampattu and Registration District of Tiruvanamalai.

3. The case of the petitioner is that he made a representation to the third respondent on 10.10.2018, seeking to measure and issue separate patta in the petitioner's name in respect of the properties comprised in Survey Numbers 64/3, 64/10, 64/11, 64/12, 64/13, 64/15 & 64/18, situated at Edathanur Village, Thandrampattu Taluk, Thiruvannamalai. The second respondent vide proceedings dated 15.10.2018, has directed the third respondent to conduct the enquiry in this regard and to furnish report thereof. 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.

4. Heard the learned counsel for the petitioner, as well as learned Special Government Pleader who takes notice on behalf of the respondent.

5. The learned counsel appearing for the petitioner would submit that the petitioner has also paid necessary fees vide challan to the Government for measuring and issuing patta in his name, in respect of the aforesaid property.

6.

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 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 and others, if any interested in the matter.

7. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arr/rst To 1.The Collector Tiruvannamalai Tiruvannamalai District 2.The Revenue Divisional Officer Revenue Divisional Office Tiruvannamalai 3.The Tahsildar Tahsildar Office Thandrampattu Tiruvannamalai District 4.The Head Surveyor Thandrampattu Post Thiruvannamalai District.

+1 cc to Mr.K.Narayanan, Advocate Sr.No.78742 +1 cc to The Government Pleader, Sr.No.79580 W.P.No.30446 of 2018 SR(CO) CSL/19.12.2018