Madras High CourtWP(MD)/15870/2019disposed of

Mariammal v. The District Collector

2019-07-17Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15870 of 2019 Mariammal ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Peraiyur Taluk, 4.The Taluk Surveyor, (Land Survey) Peraiyur Taluk, ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents herein to survey the land in survey No.75/4, 75/5A, 75/6C and 75/7 Kadaneri Village, Peraiyur Taluk, Madurai District and fix the boundaries within the stipulated time.

For Petitioner : Mr.M.Jothi Basu For Respondents : Mr.B.Bhagawathi, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents herein to survey the land in survey No.75/4, 75/5A, 75/6C and 75/7 Kadaneri Village, Peraiyur Taluk, Madurai District and fix the boundaries within the stipulated time. 2.Heard Mr.M.Jothi Basu, learned counsel appearing for the petitioner and Mr.B.Bhagawathi, 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.In order to survey the land and measuring the boundaries of the petitioner's land in survey No.75/4, 75/5A, 75/6C and 75/7 Kadaneri Village, Peraiyur Taluk, Madurai District, the petitioner has given a representation on 06.06.2018 to the respondents, especially, the 3rd respondent and pursuant to which, even though a date has been fixed for surveying the land, on that date, no one had come either from the 3rd respondent office or the 4th respondent office and therefore, the petitioner has been waiting all along for more than one year to measure the land, since no action has been taken, the petitioner is before this Court.

5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said request of the petitioner dated 06.06.2018 would be considered on merits and needful would be done, within a time frame to be stipulated by this Court.

6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following direction:

"The 3rd respondent is hereby directed to consider the representation of the petitioner dated 06.06.2018 and do the needful and pass orders thereon, 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 (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Peraiyur Taluk,

4.The Taluk Surveyor, (Land Survey) Peraiyur Taluk, 1 CC to M/s.SPL GP ( SR-75978[F] dated 18/07/2019 ) +1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-75892[F] dated 18/07/2019 Order made in W.P.(MD)No.15870 of 2019 Dated: 17.07.2019 Arul JMN(03.09.2019) 3P : 7C