Madras High CourtWP(MD)/17510/2017disposed of

A.Gnanammal, v. The Tahsildar

2017-09-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2017

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.17510 of 2017 A.Gnanammal : Petitioner -vs1.The Tahsildar, Veerakeralampudur Taluk, Tirunelveli District.

2.The Head Surveyor, Veerakeralampudur Taluk, Tirunelveli District.

: Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey and measure the land with regard to property to the extent of 10 and 5 cents totally 15 cents in Survey No.175/1C situated at Keelaveeranam, Veerakeralam Pudur Taluk, Tirunelveli District based on the petitioner's representation dated 27.07.2017.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.A.Muthu karuppan Additional Government Pleader

O R D E R

The prayer in the writ petition is for issuance of a Writ of Mandamus directing the respondents to survey and measure the land with regard to property to an extent of 10 and 5 cents totally 15 cents in Survey No.175/1C situated at Keelaveeranam, Veerakeralam Pudur Taluk, Tirunelveli District, based on the petitioner's representation dated 27.07.2017.

2. Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, her father-in-law purchased 15 cents land in Survey No.175/1C at Keelaveeranam, V.K.Pudur Taluk, Tirunelveli District. It is further claimed that the land was partitioned and the petitioner's husband was allotted the land. Accordingly, he was enjoying the said property. The petitioner's husband had filed a suit in O.S.No.67 of 2001, before the https://hcservices.ecourts.gov.in/hcservices/

Principal District Court, Tenkasi and the same was decreed, after contest. Aggrieved over the same, the petitioner's husband's pangalis filed appeal suit, which was allowed. Thereafter, the petitioner's husband filed a second appeal before this Court in S.A.No.812 of 2005. This Court has remanded the case and even after remand, the suit was decreed in favour of the petitioner's husband on 22.11.2016.

4.The petitioner would further state that her right has been confirmed by the civil Court in O.S.No.67 of 2001. Subsequently, the petitioner made a representation to the respondents to survey and measure the land on 27.07.2017. Since no action was taken, this writ petition is filed.

5.In view of the above facts, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 27.07.2017 and take appropriate action on merits and in accordance with law as expeditiously as preferably within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The Tahsildar, Veerakeralampudur Taluk, Tirunelveli District.

2.The Head Surveyor, Veerakeralampudur Taluk, Tirunelveli District.

+1CC to Mr.S.Selvakumar, Advocate, SR.No. 79431 Order made in W.P(MD) No.17510 of 2017 Dated: 18.09.2017 das/skn JM/KP/SAR 1/26.09.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/