Madras High CourtWP(MD)/11349/2017disposed of

M.Sabiya Beevi, v. The Tahsildar,

2017-06-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11349 of 2017 M.Sabiya Beevi : Petitioner -vs1.The Tahsildar, Madurai West Taluk, Madurai District.

2.The Head Surveyor, Madurai West Taluk, Madurai District. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's land to an extent of 0.04.5 Hectares (11 cents) situated in Survey No.33/1, 1 cent of land in Natham Survey No.138/15 at Keelamathur Village, Madurai West Taluk, Madurai District and land to an extent of 0.02.0 Hectares (5 cents) situated in Survey No.86/7 and 7-1/2 cents of land in Survey No.86/8 at Melamathur Village, Madurai West Taluk, Madurai District and lay boundary stones based on her application dated 15.05.2017 within the time limit that may be stipulated by this court.

For Petitioner : Mr.K.Mariyappan For Respondents : Mr.D.Muruganandham Additional Government Pleader

O R D E R

The prayer sought for in this writ petition is to direct the respondents to survey the petitioner's land to an extent of 0.04.5 Hectares (11 cents) situated in Survey No.33/1, 1 cent of land in Natham Survey No.138/15 at Keelamathur Village, Madurai West Taluk, Madurai District and the land to an extent of 0.02.0 Hectares (5 cents) situated in Survey No.86/7 and 7-1/2 cents of land in Survey No.86/8 at Melamathur Village, Madurai West Taluk, Madurai District and lay boundary stones, based on her application, dated 15.05.2017 within a time frame. 2.According to the petitioner, she became the absolute owner of the property by virtue of a registered settlement deed, dated 08.03.2017 registered as document No.1518/2017 and subsequently, https://hcservices.ecourts.gov.in/hcservices/

she made an application to the respondents on 15.05.2017 to survey the property and to lay boundary stones. Since, no action has been taken, the present writ petition has been filed. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on records. 4.Considering the nature of the prayer sought in this writ petition, without going into the merits of the case, this writ petition is disposed of with a direction to the respondents to consider the application of the petitioner, dated 15.05.2017 and pass suitable orders purely on merits and in accordance with law, within a period of eight weeks from the date of receipt of the order copy, after providing opportunity of hearing to the petitioner as well as the necessary parties, if any. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To, 1.The Tahsildar, Madurai West Taluk, Madurai District.

2.The Head Surveyor, Madurai West Taluk, Madurai District.

3.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.K.Mariyappan, Advocate SR.No. 62644 +1cc to Special Government Pleader, SR.No. 62519 W.P.(MD)No.11349 of 2017 28.06.2017 ER JM/SKN RSK/SAR 2/18.07.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/