Maheswari, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.17631 of 2017 Maheswari ... Petitioner -vs1.
The District Collector, Thanjavur District, Thanjavur.
2.
The Tahsildar, Office of Taluk Office, Thiruvadaimarudur Taluk, Thanjavur District.
3.
The Taluk Surveyor, Land Survey Department, Tiruvadaimarudur Taluk, Thanjavur District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to survey the property of the petitioner, comprised in Survey No.207/15A & 1C measuring 0.850 Acres situated at Thiruvadamimarudur Town, Thiruvadaimarudhur, Thanjavur District on the basis of the petitioner application dated 21.07.2017.
For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader ******
O R D E R
This writ petition has been filed, seeking to direct the respondents to survey the property of the petitioner, comprised in Survey No.207/15A & 1C measuring 0.850 Acres situated at Thiruvadamimarudur Town, Thiruvadaimarudhur, Thanjavur District on the basis of the petitioner application dated 21.07.2017.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.
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3. The case of the petitioner is that there is neither civil
suit nor rival claim whatsoever pending in respect of the property in question and as such, she has submitted an application dated 21.07.2017 for survey of the property. Since the said application has not been considered so far, the petitioner is before this Court with the above prayer.
4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matters, directs the respondents, more particularly, the 2nd respondent to consider the application/representation of the petitioner dated 21.07.2017 and pass suitable orders regarding measurement of the property, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any of the interested parties.
5. With the above direction, this petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:
1.
The District Collector, Thanjavur District, Thanjavur.
2.
The Tahsildar, Office of Taluk Office, Thiruvadaimarudur Taluk, Thanjavur District.
3.
The Taluk Surveyor, Land Survey Department, Tiruvadaimarudur Taluk, Thanjavur District.
+1cc to Mr.B.JAMEELARASU,Advocate,SR. 79829 W.P(MD)No.17631 of 2017 19.09.2017 AR KK/GT/SAR 2/26.09.2017/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/