Lakshmi Ammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2017 C O R A M THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.23720 of 2017 Lakshmi Ammal ... Petitioner Vs.

1.The District Collector Theni District, Theni.

2.The Revenue Divisional Officer, Theni District.

3.The Tahsildar Periyakulam Taluk, Theni District.

4.The Village Administrative Officer, Jayamangalam, Periyakulam Taluk, Theni District.

5.The Land Surveyor, Periyakulam Taluk, Theni District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the 5th Respondent to consider the petitioner's representation dated 26.07.2017. For Petitioner :

Mr.C.R.Ponnuthai 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 property in question belongs to her and neither civil suit nor rival claim, whatsoever, is pending in respect of the same, as of now and as such, she has submitted a representation dated 14.12.2017, before the authorities, for measurement of her property. Since the same has not been https://hcservices.ecourts.gov.in/hcservices/

considered so far, despite remittence of necessary fee, the petitioner is before this Court seeking a direction to the fifth respondent to dispose of her representation.

4. When the matter is taken up for hearing, the learned Additional Government Pleader, on instructions, submitted that the competent authority to pass orders in this subject matter is the third respondent and if reasonable time is granted, the third respondent shall pass appropriate orders, on merits.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the petitioner's claim, directs the respondents, more particularly, the third respondent, to consider the representation of the petitioner dated 14.12.2017 and pass appropriate orders, regarding measurement of 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 Registra(CS-I) /True copy/ Sub Assistant Registrar To 1.The District Collector Theni District, Theni.

2.The Revenue Divisional Officer, Theni District.

3.The Tahsildar Periyakulam Taluk, Theni District.

4.The Village Administrative Officer, Jayamangalam, Periyakulam Taluk, Theni District.

5.The Land Surveyor, Periyakulam Taluk, Theni District.

+1cc to Mr.C.R.PONNUTHAI,Advocate,SR.94224 +1cc to M/S.Special Government Pleader,SR.94845 W.P.(MD)No.23720 of 2017 21.12.2017 GK KK/GT/SAR2 /05.01.2018/ 2P- 8C/ https://hcservices.ecourts.gov.in/hcservices/