Dharmu Ammal, v. Revenue Divisional Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16075 of 2016 Dharmu Ammal ... Petitioner Vs.

1.The Revenue Divisional Officer, RDO office, Aranthangi, Pudukottai District.

2.The Thasildar, Manamelkudi, Pudukottai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the second respondent to survey the Petitioner's 50 cents land bearing S.No.96/3 and issue separate patta situated at Melasthanam Village, Manalmelkudi Taluk, Pudukottai District. For Petitioner : MrM.Patturajan For Respondents : Mr.J.Gunaseelan Muthaiah Government Advocate

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. According to the Petitioner, she owns a land measuring about 50 cents, which she was purchased from one Chinniah in the year 1965. For this property situated at Melasthanam Village, Manamelkudi. Pudukottai District, the Patta Number is 545. In fact, the patta in question is a joint one with 18 pattadhars (including herself). The specific case of the Petitioner is that in her land of 50 cents in the joint patta bearing Survey No.96/3, she is in full enjoyment and exclusive possession.

3. In the property of 50 cents, recently she had built a small Tsunami house and also a fisherman quarters. One of the houses was rented to one A.Natarajan. Unfortunately, after occupying her house, the said Natarajan has developed an ulterior https://hcservices.ecourts.gov.in/hcservices/

motive for usurping her 50 cents of land. On 30.11.2015, she sent a petition to the Second Respondent praying for surveying the land in question and paid fees to that effect. Till date, the survey was not undertaken by the Second Respondent and also she was not issued with a separate patta. She also sought an information as regards fate of her petition from the Second Respondent and the Public Information Officer of Head Quarters, Deputy Thasildar, Manalmelkudi informed her that she should pay necessary fees under the Right to Information Act. She had paid the necessary fees for surveying the land in question etc. Since she has not met with any positive results in her favour she has filed the present Writ Petition before this Court.

4. Considering the fact that the Petitioner is only seeking a limited relief for passing of an order by this Court in directing the Second Respondent/Thasildar, Manalmelkudi, Pudukottai District, to look into the representation of the Petitioner, dated 30.11.2015, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the Second Respondent has to pass a reasoned speaking order within four weeks thereafter. (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, if situation so warrants). Needless for this Court to make a significant mention that the Petitioner is to render her assistance and unstinted co-operation to the Second Respondent in the subject matter in issue. It is open to the Petitioner to submit a fresh copy of her representation, dated 30.11.2015 to the Second Respondent, within a period of one week from today. With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, RDO office, Aranthangi, Pudukottai District.

2.The Thasildar, Manamelkudi, Pudukottai District.

+1cc to Mr.M.Pattu Rajan, Advocate SR.No.47755 pm sm:SS2:02/09/2016:2P/4C W.P(MD)No.16075 of 2016 29.08.2016 https://hcservices.ecourts.gov.in/hcservices/