Selvamani v. The District Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.12.2018

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.32176 of 2018 Selvamani .. Petitioner versus 1.The District Revenue Divisional Officer, The Sub-Collector Office-Perambalur, 2.The Revenue Divisional Officer, Office of the RDO, Kunnam Taluk, 3.The Tahsildar, Kunnam Taluk, .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to survey and demarcate the said lands of the petitioner and issue a patta in Survey Nos.159/5 & 159/6 in Perralivadaku Village, Kunnam Taluk, Perambalur District.

For Petitioner : Mr.R.Abdul Mubeen For Respondents : Mr.S.Suresh Kumar Government Advocate

O R D E R

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

2. The prayer sought for in this Writ Petition is for a direction to the third respondent to survey and demarcate the

said lands of the petitioner and issue a patta in Survey Nos.159/5 & 159/6 in Perralivadaku Village, Kunnam Taluk,

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation before the first respondent seeking to change the patta in Survey Nos.159/5 & 159/6 in her name. The first respondent passed an order dated 04.06.2015 directing the third respondent to issue patta in her name for the land in Survey No.159/5 in Perallivadaku Village, Perambalur District, but, the same is yet to be disposed of by the third respondent. Hence, the petitioner is before this Court.

4. Heard Mr.R.Abdul Mubeen, learned counsel appearing for the petitioner and Mr.S.Suresh Kumar, learned Government Advocate appearing for the respondents.

5. It is the fact that there is a 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 third 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 petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six 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 rsi To 1.The District Revenue Divisional Officer, The Sub-Collector Office-Perambalur,

2.The Revenue Divisional Officer, Office of the RDO, Kunnam Taluk, 3.The Tahsildar, Kunnam Taluk, +1 cc to M/s.R.Abdul Mubeen, Advocate Sr.No.83942 +1 cc to The Government Pleader, Sr.No.84422 W.P.No.32176 of 2018 AK(CO) CSL/04.01.2019