Madras High CourtWP(MD)/4919/2018disposed of

A.Umarani, v. The District Collector

2018-03-08Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.4919 of 2018 A.Umarani ... Petitioner -Vs1.The District Collector, Theni, Theni District.

2.The Revenue Divisional Officer, Cumbum, Theni District.

3.The Tahsildar, Uthamapalayam Taluk, Theni District.

4.The Town Surveyor, Cumbum, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to dispose petitioner's representation dated 31.01.2018 pending before the respondents within the stipulated time fixed by this Court.

For Petitioner : Mr.N.Kamesh For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader.

ORDER

According to the petitioner, she is the owner of the property to an extent of 1 acre 51 cents in Old Survey No.856/1B5, 5 cents in Survey No.858/5C, 34 cents in Survey No.859/3A and Plot No.10, T.S.No.176, 17/5, 17/1 in Cumbum, Uthamapalayam Taluk, Theni District. It is her ancestral property. Now, the petitioner wants to survey the lands and also made an application before the respondents and also paid the necessary fees for the same in the year 2015. But, no order was passed on the application filed by the petitioner. Hence, she has filed a writ petition against the District Collector, Theni District and the Commissioner, Cumbum Municipality, Theni District in W.P.(MD)No.19856 of 2015 before this Court and this Court, by an order dated 30.10.2015, directed the above respondents to consider the petitioner's representation and https://hcservices.ecourts.gov.in/hcservices/

pass orders. Subsequently, the fourth respondent / Town Surveyor issued notice to the petitioner, asking to appear for measuring the property on 15.12.2016, the notice was also issued to the neighbouring land owners, and the petitioner also paid necessary fees. But, no survey has been conducted, hence, the present writ petition has been filed.

2.Considering the facts and circumstances of the case, the respondents 2 and 3 are directed to survey the petitioner's land as per the records, after issuing notice to the petitioner as well as the neighbouring land owners, within a period of six weeks from the date of receipt of a copy of this order.

3.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The District Collector, Theni, Theni District.

2.The Revenue Divisional Officer, Cumbum, Theni District.

3.The Tahsildar, Uthamapalayam Taluk, Theni District.

4.The Town Surveyor, Cumbum, Theni District.

+1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.54187 +1CC TO M/S.N.KAMESH, ADVOCATE, SR NO.54192 W.P(MD)No.4919 of 2018 08.03.2018 Myr MS/SV-MMS/SAR-2/23.03.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/