Madras High CourtWP(MD)/22297/2017disposed of

Adaikkammai v. The Tahasildar

2017-12-06Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.22297 of 2017 Adaikkammai ... Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Alangudi, Pudukkottai District.

2.The Surveyor, Taluk Tahsildar Office, Alangudi, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to Survey the land in S.No. 46/12 to the extent of 0.30.0 Ares classified as Punja which is part and parcel of Senthirapatti Village, Poovarasakudi post, Alangudi and Taluk, Pudukkottai District and issue a Patta to the Petitioners considering the representation dated 24.06.2017. For Petitioner : Mr.C.Nagamuthu For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

ORDER

This writ petition has been filed, seeking a Writ of Mandamus directing the respondents to Survey the land in S.No. 46/12 to the extent of 0.30.0 Ares classified as Punja which is part and parcel of Senthirapatti Village, Poovarasakudi post, Alangudi and Taluk, Pudukkottai District and issue a Patta to the Petitioners considering the representation dated 24.06.2017. 2.Heard both sides.

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

4.The learned counsel for the petitioner would submit that neither civil Suit nor rival claim, whatsoever is pending in respect of the property in question, which has been in possession and https://hcservices.ecourts.gov.in/hcservices/

enjoyment of the petitioner. The petitioner sent a representation along with the receipt for payment of fee, to the first respondent, requesting to survey and mark boundaries and to issue patta in respect of her property. Since no action has been taken by the respondents, the petitioner is before this Court. 5.The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 24.04.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Tahsildar, Tahsildar Office, Alangudi, Pudukkottai District.

2.The Surveyor, Taluk Tahsildar Office, Alangudi, Pudukkottai District.

+One cc to Mr.V.Selva, Advocate, SR.No.91324 +One cc to The Special Government Pleader, SR.No.91810 dsk RL/5C/2P/SKN/RSK/SAR4/20/12/2017 ORDER MADE IN https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.22297 of 2017 06.12.2017