M.Vellaiyammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15758 of 2019 M.Vellaiyammal ... Petitioner -Vs1.The District Collector, Collectorate, Sivagangai District.
2.The Revenue Divisional Officer/Sub Collector, O/o.the Revenue Divisional Officer, Devakottai Taluk, Sivagangai District.
3.The Tahsildar, Devakottai Taluk Office, Sivagangai District.
4.The Taluk Surveyor, Devakottai Taluk, Sivagangai District.
5.The Special Tahsildar, Adi Dravidar Welfare Department, Devakottai, Devakottai Taluk, Sivagangai District.
... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to conduct Survey and Measure the Boundaries and update the petitioner's name in all the Revenue Records for the land in Survey No.458/1 situated at Markandanpatti Village, Devakottai Taluk, Sivagangai District in light of settlement order dated 07.05.1997 issued by the Respondent No.5 within the stipulated time prescribed by this Court.
For Petitioner : Mr.I.Pinaygash For Respondents : Mr.B.Bhagawathy, G.A.
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to conduct Survey and Measure the Boundaries and update the petitioner's name in all the Revenue Records for the land in Survey No.458/1 situated at Markandanpatti Village, Devakottai Taluk, Sivagangai District in the light of settlement order dated 07.05.1997 issued by the Respondent No.5 within the stipulated time prescribed by this Court. 2.Heard Mr.I.Pinaygash, learned counsel appearing for the petitioner and Mr.B.Bhagawathy, learned Government Advocate appearing for the respondents.
3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.
4.The petitioner, in order to measure the land and identify the four boundaries of the puncha land in S.No.458/1, to the extent of 3 acres situated at Markandanpatti Village, Devakottai Taluk, Sivagangai District, which was claimed to have been assigned to the petitioner, had submitted an application/representation on 14.06.2018 to the Sub Collector concerned and subsequently, on 16.04.2019 and 29.06.2019, further applications cum representations had been given to the petitioner for the very same purpose to the 3rd respondent Tahsildar. Hence, the learned counsel appearing for the petitioner would submit that, if those representations are considered and needful is done within a time frame, by the 3rd respondent, the petitioner would be satisfied. 5.
I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representations of the petitioner would be considered and orders would be passed thereon, on merits, within a time frame by the 3rd respondent. 6.
"The 3rd respondent is directed to consider the representation of the petitioner dated 14.06.2018 and further representations dated 16.04.2019 and 29.06.2019
and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."
7.With this direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Arul To 1.The District Collector, Collectorate, Sivagangai District.
2.The Revenue Divisional Officer/Sub Collector, O/o.the Revenue Divisional Officer, Devakottai Taluk, Sivagangai District.
3.The Tahsildar, Devakottai Taluk Office, Sivagangai District.
4.The Taluk Surveyor, Devakottai Taluk, Sivagangai District.
5.The Special Tahsildar, Adi Dravidar Welfare Department, Devakottai, Devakottai Taluk, Sivagangai District.
+1 CC to M/s.I.PINAYGASH, Advocate ( SR-75541[F] dated 16/07/2019 ) +1 CC to M/s.SPL GP ( SR-75714[F] dated 17/07/2019 ) W.P.(MD)No.15758 of 2019 16.07.2019 KK/SAR/05.09.2019/3P-8C/