Madras High CourtWP(MD)/3774/2017disposed of

Tmt.Arockiamary Thanga v. The Commissioner

2017-03-03Honourable Mr Justice K. Ravichandrabaabu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD) No.3774 of 2017 Arockiamary Thanga Philominal ... Petitioner -vs1.The Commissioner Tirunelveli Corporation S.N.High Road Tirunelveli 2.The Assistant Commissioner Palayamkottai Ward Office Tirunelveli Corporation Palayamkottai, Tirunelveli 3.The Assistant Director of Survey District Survey Office Tirunelveli-627 009 4.The Revenue Divisional Officer Tirunelveli Collector Office Campus Tirunelveli 5.The Town Surveyor Palayamkottai Ward Office Tirunelveli Corporation Palayamkottai, Tirunelveli ... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to consider the petitioner's representation, dated 30.09.2016 and 10.02.2017, within a period fixed by this Court, which is relating to correct the mistake in the Town Survey Register for the property in Ward BL, Block 46, T.S.No.145, situated at Palayamkottai Ward, Tirunelveli Corporation and related revenue record for the property in Ayan Punja lands in Survey No.395/B3A3, admeasuring 26 Cents situated at Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District. For Petitioner :

Mr.T.Selvan For Respondents :

Mr.Ayiram K.Selvakumar Govt. Advocate for R1 & R2 Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader for R3 to 5

O R D E R

Mr.Ayiram K.Selvakumar, learned Government Advocate, takes notice for the respondents 1 and 2 and Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice for the respondents 3 to 5. With the consent of both sides, the writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondents to consider the petitioner's representations, dated 30.09.2016 and 10.02.2017, whereby and whereunder she has sought for correction of some mistakes alleged to have been taken place in the Town Survey Register issued in respect of the Ayan Punja land, comprised in Survey No.395/B3A3, Ward BL, Block 46, T.S.No.145, admeasuring 26 Cents, of Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District.

3. It is needless to say that it is for the respondents 4 and 5 to consider the petitioner's representations, dated 30.09.2016 and 10.02.2017 and to pass orders on the same on merits and in accordance with law after affording due opportunity of hearing to the rival claimants if any.

4. Accordingly, the writ petition is disposed of, without expressing any view on the claim made by the petitioner, only with a direction to the respondents 4 and 5 to consider the petitioner's representations, dated 30.09.2016 and 10.02.2017 and to pass orders on the same on merits and in accordance with law, after affording due opportunity of hearing to the rival claimants if any, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To:

1.The Commissioner, Tirunelveli Corporation, S.N.High Road, Tirunelveli.

2.The Assistant Commissioner, Palayamkottai Ward Office, Tirunelveli Corporation, Palayamkottai, Tirunelveli.

3.The Assistant Director of Survey, District Survey Office, Tirunelveli-627 009.

4.The Revenue Divisional Officer, Tirunelveli, Collector Office Campus, Tirunelveli.

5.The Town Surveyor, Palayamkottai Ward Office, Tirunelveli Corporation, Palayamkottai, Tirunelveli.

+1 cc to M/S.SPECIAL GOVERNMENT PLEADER, SR.No.12322 +1 cc to M/R.AAYIRAM K.SELVAKUMAR, Advocate, SR.NO:12238 +1 cc to M/R.T.SELVAN, Advocate, SR.NO:12169 krk SVA/BS/20.03.2017/3P/9C W.P.(MD) No.3774 of 2017 03.03.2017