Madras High CourtWP(MD)/15737/2017disposed of

S.Muthulakshmi, v. The District Collector

2017-08-22Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD).No.15737 of 2017 S.Muthulakshmi

...Petitioner

-Vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli, 3.The Tahsildar, Palayamkottai Taluk, Palayamkottai, Tirunelveli district.

4.The Land Surveyor, The Taluk Office, Palayamkottai Taluk, Palayamkottai, ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to issue the Survey Sketch for the petitioner's land in Old Survey No.1475/1A, New Survey No.1836/21 of Seevalaperi Village, Palayamkottai Taluk, Tirunelveli District to an extent of 3222.64 sq.ft. (7 1⁄2 cents) based on the survey conducted on 20.01.2016 and issue separate patta for the above property based on the petitioner's representation dated 27.07.2016 within the stipulated period by this Court.

For Petitioner : Mr.T.Ramasamy For Respondents : Mr.C.Selvaraj, Special Government Pleader *******

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to issue the Survey Sketch for the petitioner's land in Old Survey No.1475/1A, New Survey No.1836/21 of Seevalaperi Village, Palayamkottai Taluk, Tirunelveli District to an extent of 3222.64 sq.ft. (7 1⁄2 cents) based on the survey conducted on 20.01.2016 and issue separate

patta for the above property, based on the petitioner's representation dated 27.07.2016.

2. Heard Mr.T.Ramasamy, learned counsel appearing for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader, who took notice on behalf of the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3.The petitioner would state that lands to an extent of 7 1⁄2 cents in Old Survey No.1475/1A, New Survey No.1836/21 of Seevalaperi Village, Palayamkottai Taluk, Tirunelveli District, belongs to her husband and he was also issued with the patta by the second respondent on 16.12.2010.

4.The petitioner would further state that her husband has settled the property by a registered settlement deed dated 14.05.2007.

Subsequently, the petitioner approached the respondents for issuance of separate patta and also paid necessary fees. Pursuant to the order passed in W.P.(MD).No.19366 of 2015, the third respondent conducted survey and identified the property. But subsequently, there is no progress, hence, the present writ petition.

5.In the light of the above facts, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner, dated 27.07.2016 and take necessary action, on merits and in accordance with law, after affording opportunity to all the necessary parties, within a period of four months from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli,

3.The Tahsildar, Palayamkottai Taluk, Palayamkottai, Tirunelveli district.

4.The Land Surveyor, The Taluk Office, Palayamkottai Taluk, Palayamkottai, +1cc to M/S.T.RAMASAMY, Advocate SR.No.73674 +1cc to Special Government Pleader, SR.No.74243 skn MAS/MR-KKR/SAR2:22.09.2017:3P-7C W.P(MD).No.15737 of 2017 22.08.2017