Mohammed Meera Ammal v. The District Collector

W.P.(MD)No.14360 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.14360 of 2020 Mohammed Meera Ammal ... Petitioner Vs.

1.The District Collector, Ramanthapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram District.

3.The Tahsildar, Ramanathapuram Taluk Ramanathapuram District.

4.Thangamaraikkayar ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to survey the petitioner's land situated in S.No.389/1, Mandapam Village, Ramanathapuram Taluk and District by the District Surveyor in the light of the order passed in W.P.(MD) No.11199 of 2013 dated 02.02.2017 passed by this Court. For Petitioner : Mr.K.Sivabalan For Respondents : Mr.M.Pandiyarajan Additional Government Pleader

O R D E R

The writ petition has been filed for a direction to the respondents to survey the petitioner's land situated in S.No.389/1, Mandapam Village, Ramanathapuram Taluk and District by the District Surveyor in the light of the order passed in W.P.(MD) No.11199 of 2013 dated 02.02.2017 passed by this Court. 2.It is submitted that since the fourth respondent obstructed the boundaries of the property of the petitioner, the petitioner approached the respondents to survey her land. Since the said request has not been considered, the petitioner approached this Court by filing W.P.(MD) No.11199/2013 and this Court disposed of the said writ petition with a direction to the respondents therein to give notice to the parties concerned and conduct survey. Pursuant to the said direction, since survey has not been effected, the petitioner is before this Court with the aforesaid prayer.

3. When the writ petition is taken up for hearing, the learned Additional Government Pleader submitted that already survey has https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14360 of 2020 already been conducted and that the petitioner's husband is not satisfied with the survey that has been conducted. The said submission is recorded.

4. If the petitioner is not satisfied with the manner in which survey has been conducted, it is open to her to challenge the same in accordance with law and this Court cannot go into the question now. The third respondent is expected to furnish the survey proceedings that has been conducted to the petitioner within a period of 10 days in order to enable him to file an appeal before the concerned authority.

5. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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.

To:

1.The District Collector, Ramanthapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram District.

3.The Tahsildar, Ramanathapuram Taluk Ramanathapuram District.

+1 cc to Mr.K.Sivabalan , Advocate SR.No.26362 +1 cc to The Special Government Pleader Sr.No.26078 Order made in W.P.(MD)No.14360 of 2020 Dated:

16.12.2020 KM (06.01.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2