Kaliyathal.I v. The Tahsildhar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU I.Kaliyathal ... Petitioner Vs.
1.The Tahsildhar, Sivagangai Taluk, Sivagangai District.
2.The Firca Surveyor, Sivagangai Taluk, Sivagangai District.
... Respondents PRAYER:
Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's properties comprising in Survey No.171/48 with an extent of 0.8.00 Ares and in Survey No.47/16 with an extent of 0.10.50 Ares and in Survey No.50/14 with an extent of 0.8.00 totally 0.26.50 Ares situated at Senthi Udaiyanathapuram Village, Sivagangai District based on the petitioner's representation dated 19.04.2021 within the period that may be stipulated by this Court.
For Petitioners : Mr.C.Ezhilarasu For Respondents : Mr.P.Thillak Kumar, Standing Counsel for Government
O R D E R
Mr.P.Thilak Kumar, learned Standing Counsel for the Government, accepts notice on behalf of the respondents.
2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
3. This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's properties comprising in Survey No.171/48 with an extent of 0.8.00 Ares and in Survey No.47/16 with an extent of 0.10.50 Ares and in Survey No.50/14 with an extent of 0.8.00 totally 0.26.50 Ares situated at Senthi Udaiyanathapuram Village, Sivagangai District based on the petitioner's representation dated 19.04.2021 within the period that may be stipulated by this Court.
4. The case of the petitioner is that she wanted to establish permanent fence for her aforesaid property and she remitted proper 1/3
fee for surveying and fixing the boundary marks in her land. She made many requests for surveying her properties. But, the respondents are simply prolonging the same stating lethargic reasons and therefore, her husband sent a legal notice to the District Collector, Sivagangai, for which, the District Revenue Officer, Sivagangai forwarded his application to the Tahsildar, Sivagangai, through the proceedings in O.Mu.P1/25113/18 and thereafter, there was no progress. Now, in order to survey and fix the boundaries of her land, the petitioner sent a representation to the respondents on 19.04.2021 and the same was acknowledged by the respondents on 27.04.2021. Since no action has been taken by them, the present Writ Petition came to be filed.
5. The learned counsel for the petitioner would state that it would be suffice, if a direction is given to the respondents to dispose of the representation of the petitioner.
6. The learned Standing Counsel for the respondents would state that the representation of the petitioner would be considered within a reasonable time.
7. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, the respondents are directed to consider the representation of the petitioner dated 19.04.2021, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the above direction, the writ petition is disposed of. No Costs.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sm Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To:
1.The Tahsildhar, Sivagangai Taluk, Sivagangai District.
2.The Firca Surveyor, Sivagangai Taluk, Sivagangai District.
+1 CC to M/s.C.EZHILARASU, Advocate ( SR-18783[F] dated 04/06/2021 ) +1 CC to M/s.SPL GP ( SR-18950[F] dated 07/06/2021 ) Order made in 04.06.2021 SE(CO) TR(16.06.2021) 3P 5C 3/3