Madras High CourtWP/33314/2018disposed of

A.Valliammai v. The Tashildar

2018-12-14Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.33314 of 2018 A. Valliammai .. Petitioner Vs.

1. The Tashildar, Paravai Village, Permabalur, Perambalur District.

2. The Surveyor, (land and survey) Paravai Village, Permabalur, Perambalur District.

3. The Village Administrative Officer, Paravai Village, Permabalur, Perambalur District.

4. Pichapillai

5. Chinnapulla

6. Pappa .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to survey the land in old survey No.159/1, new survey No.26/1, sub division no.364/24 at Paravai Village & Post Vepur Via, Kunnam Taluk, Perambalur District measuring to an extent of 23X90 = 2070sq.ft., fix boundaries and issue Patta based on petitioner's representation dated 05.09.2017.

For Petitioner :Mr.K.S.Ilangovan For Respondents 1 to 3 :Mr.N.Inbanathan Additional Government Pleader

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 respondents 1 to 3 to survey the land bearing Old No.159/1 and New No.26/1 situated at Paravai Village & Post Vepur Via, Kunnam Taluk, Perambalur District measuring to an extent of 23X90 = 2070sq.ft. and issue patta based on the petitioner's representation dated 05.09.2017.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 05.09.2017 seeking to survey and fix the boundaries of her land in old No.159/1 and new No.26/1, sub division no.364/24 situated at Paravai Village & Post Vepur Via, Kunnam Taluk, Perambalur District measuring to an extent of 2070sq.ft, but, the same is yet to be disposed of by the respondents 1 to 3. It is stated that the petitioner has paid necessary charges vide challan dated 14.10.2016 to survey her land. Hence, the petitioner has filed this Writ Petition.

4. Heard Mr.N.Inbanathan, learned Additional Government Pleader on behalf of the respondents 1 to 3.

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 petitioners herein waiting their properties to be surveyed. Hence, the respondents 1 to 3 are 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, the respondents 4 to 6 herein as well as any of the interested parties 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(CS-VI) //True Copy// Sub Assistant Registrar av/rsi

1. The Tashildar, Paravai Village, Permabalur, Perambalur District.

2. The Surveyor, (land and survey) Paravai Village, Permabalur, Perambalur District.

3. The Village Administrative Officer, Paravai Village, Permabalur, Perambalur District.

+1cc to M/s.Achari & Antoni Associates, S.R.No.87088 +1cc to the Government Pleader, S.R.No.87424 W.P. No.33314 of 2018 GJ-II(CO) SSM(08/01/2019)