R.Mariammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.12525 of 2018 R.Mariammal : Petitioner Vs.

1.The District Collector, Office of the District Collectorate, 2.The Tahsildar, 3.The Taluk Surveyor, 4.The Village Administrative Officer, Office of the Village Administrative Office, Thenur Bit II, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India directing the respondents herein more particularly the respondents 2 to 4 herein to inspect, survey and demarcate the petitioner's property comprised Natham Old Survey No.179/1 New Survey No.237/13 measuring an extent of 1432 sq feet situated at Thenur Bit II Village, Thenur, Madurai North Taluk, Madurai District, by considering petitioner's application dated 16.04.2018 after affording reasonable opportunity to all the parties concerned and in accordance with law within the time stipulated by this Court. For Petitioner : Mr.P.Mahendran For Respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader

ORDER

Mr.J.Gunaseelan Muthaiah learned Additional Government Pleader, takes notice on behalf of the respondents.

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

3. The petitioner is before this Court for a direction directing the respondents 2 to 4 to inspect Old Survey No.179/1 New Survey No.237/13 measuring an extent of 1432 sq feet situated at Thenur Bit II Village, Thenur, Madurai North Taluk, Madurai District.

4. The petitioner has made an application to the second respondent on 16.04.2018 and the petitioner claims that she has become an absolute owner of the property by virtue of a registered sale deed vide Document No.1050 of 2001 from the lawful owner.

5. Since the second respondent has not acted on the application, the petitioner is before this Court.

6. Considering the facts and circumstances a direction is issued to the second respondent to verify the revenue records to ascertain ownership of the petitioner and in case, it is shown that the petitioner is the owner, the second respondent is directed to inspect, survey and demarcate the property after giving notice to all the persons concerned with the properties and pass orders in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

8. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Office of the District Collectorate, 2.The Tahsildar,

3.The Taluk Surveyor, 4.The Village Administrative Officer, Office of the Village Administrative Office, Thenur Bit II, +1CC to Mr.P.Mahendran, Advocate, SR.No.68692 +1CC to the Special Government Pleader SR.No.68632 W.P(MD)No.12525 of 2018 18.06.2018 CM ES/SKN/RSK/SAR 4/20.06.2018/3P/7C