Madras High CourtWP(MD)/14336/2016disposed of

S.A.Huvailithu Nisha v. The District Collector

2016-08-08Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.14336 of 2016 S.A.Huvailithu Nisha ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District. ... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner dated 03/05/2016 and to survey the lands in Survey Nos. 138/1K2 and 138/1K3, Valinokkam Village, Kadaladi Taluk, Ramanathapuram District and fix the boundary lines.

For Petitioner :Mr.T.R.Jeyapalam For Respondents :Mr.J.Gunaseelan Muthiah Govt. Advocate

O R D E R

Heard both sides.

2. By consent, the main writ petition itself is taken up for final disposal.

3. No counter is filed on behalf of the respondents.

4. According to the petitioner, she purchased a property measuring to an extent of 6 acres in Sy.No.138/1K at Valinokkam Village, Kadaladi Taluk, Ramanathapuram District through a registered sale deed dated 23.02.1983 (vide document No.39 of 1982, on the file of the Sub Registrar, Kadaladi). The said property was subdivided as Sy.Nos.138/1K2 and 138/1K3 in patta Number 10129. The demarcating line between the two survey numbers could not be identified, since no survey stones were planted on the ground.

5. When that be the facts situation, the petitioner https://hcservices.ecourts.gov.in/hcservices/

approached the second respondent/Tahsildar, Kadaladi Taluk, Ramanathapuram District for surveying the land in Sy.Nos.138/1K2 and 138/1K3 on ground. In this regard, she submitted a representation dated 03.05.2016 to the second respondent and paid necessary surveying charges by remitting the same before the Sub Treasury at Mudukulathur on 03.05.2016. The real grievance of the petitioner is that in spite of her repeated representations, the second respondent has not deputed Taluk Surveyor to measure her property. Hence, she has filed the present writ petition.

6. Considering the fact that the petitioner's representation dated 03.05.2016 is pending on the file of the second respondent/Tahsildar, Kadaladi Taluk, Ramanathapuram District, this Court, at this stage, without going into the merits and contents of the representation of the petitioner dated 03.05.2016, simpliciter, in the interest of Justice and Fair Play, directs the second respondent/Tahsildar, Kadaladi Taluk, Ramanathapuram District to look into the representation of the petitioner dated 03.05.2016, within a period of one week from the date of receipt of copy of this order.

Thereafter, the second respondent/Tahsildar, Kadaladi Taluk, Ramanathapuram District is to dispose of the same by passing a speaking, reasoned order on merits in a fair, free, unbiased and dispassionate manner, (ofcourse, after providing necessary opportunity to the petitioner and others concerned, if any, by adhering to the principles of Natural Justice in true letter and spirit), within a period of three weeks. The petitioner is also required to lend her assistance and co-operation to the second respondent/Tahsildar, Kadaladi Taluk, Ramanathapuram District, so as to enable him to do the needful in the subject matter in issue.

7. With the aforesaid observation(s) and direction(s), the writ petition stands disposed of. No costs. Sd/ Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

+1 cc to MR.J.BARATHAN, Advocate Sr.No.42677 +1 cc to Special Government Pleader Sr.No.42895 Writ Petition (MD).No.14336 of 2016 08.08.2016 SMA/DB/17/08/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/