M. Vasanthi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2017 C O R A M THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.22901 of 2017 M.Vasanthi ... Petitioner Vs.

1.The Tahsildar, Periyakulam Taluk, Theni District.

2.Firka Surveyor, Devathanapatti, Periyakulam Taluk, Theni District.

3.The Inspector of Police, Devathanapatti Police Station, Devathanapatti.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the 1st respondent to instruct the 2nd respondent to conduct the survey of the land as mentioned the petitioner's representation dated 06.12.2017. For Petitioner : Mr.V.Palanichamy For Respondents : Mr.J.Gunaseelan Muthiah Government Advocate *****

O R D E R

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

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate, takes notice for the respondents.

3. According to the petitioner, the property in question belongs to her and neither civil suit nor rival claim, whatsoever, is pending in respect of the same and as such, she has submitted an application dated 15.11.2017, followed a representation dated 06.12.2017, before the authorities, 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.

https://hcservices.ecourts.gov.in/hcservices/

4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if her representation dated 06.12.2017 is disposed of by the first 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 first respondent, to consider the representation of the petitioner dated 06.12.2017 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(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Tahsildar, Periyakulam Taluk, Theni District.

2.Firka Surveyor, Devathanapatti, Periyakulam Taluk, Theni District.

3.The Inspector of Police, Devathanapatti Police Station, Devathanapatti.

+One cc to Mr.V.Palanichamy, Advocate, SR.No.92687 +One cc The Special Government Pleader, SR.No.93129 gk RL/6C/2P/KK/SAR1/4/1/2018 W.P.(MD)No.22901 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 14.12.2017