D.Satyavani v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12015 of 2017 D.Satyavani

...Petitioner

Vs.

1. The Tahsildar, Office of the Taluk Office, Manachanallur, Trichy District.

2. The Taluk Surveyor, Kariamanickam Field Survey, Manachanallur Taluk Office, Manachanallur, Trichy District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents herein to conduct the survey in respect of the petitioner's property comprised in Survey No.178/10, situated at Tirupattur Village, Manachanallur Taluk, Trichy District, on the basis of the petitioner's representation, dated 24.03.2017, within a time frame to be fixed by this Court.

For Petitioner : Mr.C.Jeganathan.

For Respondents : Mr.M.Alagathevan, Special Government Pleader.

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents herein to conduct the survey in respect of the petitioner's property comprised in Survey No.178/10, situated at Tirupattur Village, Manachanallur Taluk, Trichy District, on the basis of the petitioner's representation, dated 24.03.2017, within a time frame to be fixed by this Court. 2.Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal.

3.The petitioner would claim that she acquired a land comprised in Survey No.178/10, measuring an extent of 0.12 ares, situated at Tirupattur Village, Manachanallur, after the demise of her father viz., Veerama Reddy. She sold a portion of the land measuring an extent of 1906 sq.ft. to one Chitra and Uma, vide Document No.481/2016, dated 17.02.2016.

4.The petitioner would state that to protect her remaining lands, she wanted to survey her land. Hence, she approached the first respondent after payment of necessary fees. Since no action was taken, she made an application, dated 24.03.2017, and even thereafter, there is no progress. Hence, the present Writ Petition.

5.Mr.M.Alagathevan, learned Special Government Pleader submitted that there is no such application pending with the respondents and if the petitioner makes an appropriate application to survey her land, the respondents would consider the same in accordance with law.

6.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

7.Considering the limited scope of the prayer sought for in the Writ Petition and also considering the submission of the learned Special Government Pleader appearing for the respondents, without going into the merits of the case, the petitioner is directed to give an application to the first respondent enclosing a copy of this order and also a proof for payment of necessary fees, within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the first respondent shall consider the said application of the petitioner, after providing an opportunity to all the necessary parties and pass appropriate orders on merits and in accordance with law, within a period of eight weeks therefrom.

8.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar

To

1. The Tahsildar, Office of the Taluk Office, Manachanallur, Trichy District.

2. The Taluk Surveyor, Kariamanickam Field Survey, Manachanallur Taluk Office, Manachanallur, Trichy District.

+1cc to M/S. VEERA ASSOCIATES, Advocate, SR.No.63173. +1cc to Special Government Pleader, SR.No.63004. W.P.(MD)No.12015 of 2017 29.06.2017 smn2 SDS/SKN:RSK/SAR 1/14.07.2017/3P/5C