Ummul Jalian, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.22224 of 2017 Ummul Jalian

...Petitioner

Vs.

1.The Tahsildar, Thiruvadanai, Ramanathapuram District.

2.The Taluk Deputy Inspector, Land-Survey Department, Tahsildar Office, Thiruvadanai, Ramanathapuram District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to survey and demarcate the land in Survey No.229/3A and 229/1 with an extent of 1 Acre and 18 cents situated at Ooriyur, Thiruvadanai Taluk, Ramanathapuram District.

For Petitioner :Mr.S.M.Sanjay For Respondents :Mr.T.S.Mohamed Mohideen, Additional Government Pleader ***

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, takes notice for the respondents.

3. According to the petitioner, the subject mentioned property belongs to her and she is enjoying possession over the same. According to her, neither civil suit nor rival claim whatsoever is pending in respect of the said property and as such, she has submitted an application dated 17.11.2017, followed by a representation dated 23.11.2017, for measurement of the property. Since the same has not been considered so far, despite remittance of necessary fee, the petitioner is before this Court with the above prayer.

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4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if his representation dated 23.11.2017 is disposed of by the second respondent, on merits.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without going into the merits of the petitioner's claim, directs the respondents, more particularly, the second respondent to consider the application of the petitioner dated 23.11.2017 and pass appropriate orders regarding measurement of the property, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order, on payment of necessary fee, if not already paid.

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

Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Thiruvadanai, Ramanathapuram District.

2.The Taluk Deputy Inspector, Land-Survey Department, Tahsildar Office, Thiruvadanai, Ramanathapuram District.

+1cc to M/s.S.M.SANJAY Advocate in SR. No. 90990 GK JS/SV.MMS/SAR.1/19.12.2017/2P-4C W.P.(MD).No.22224 of 2017 05.12.2017 https://hcservices.ecourts.gov.in/hcservices/