S.Shanmugakani, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 01.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.8752 of 2017 S.Shanmugakani ..Petitioner Vs

1. The District Collector, Tuticorin, Tuticorin District.

2. The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

3. The Tahsildar, Tiruchendur, Tuticorin District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to conduct a survey by measuring the four boundaries and to issue separate patta in respect of the Petitioner's property situated at Old Survey No.241/1 and New Survey No.1522/53 in East Tiruchendur Village, Tiruchendur Town measuring an extent of 4.54 cents of House Plot by considering the Petitioner's representation dated 12.4.2017 within the time stipulated by this Court.

For Petitioner :M/s.K.Sudalaiyandi For Respondents :Mr.M.Alagathevan Spl.Govt.Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to conduct a survey by measuring the four boundaries and to issue separate patta in respect of the Petitioner's property situated at Old Survey No.241/1 and New Survey No.1522/53 in East Tiruchendur Village, Tiruchendur Town measuring an extent of 4.54 cents of House Plot by considering the Petitioner's representation dated 12.4.2017 within the time stipulated by this Court.

2.Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

4.The case of the petitioner is that her husband D.Senthur Pandian Nadar was the absolute owner of the above mentioned property by virtue of registered sale deed, dated 29.6.1970. Pursuant to the sale, he had been in possession and enjoyment of the said property and he passed away on 10.12.2002. Subsequently, the Petitioner approached the respondents to conduct the survey and measure the property. It is further claimed that on 27.2.2007, the Petitioner paid a sum of Rs.80/- towards fees, in Government Treasury for measuring the property. Despite the same, no measurement was carried out.

5.The main grievance of the petitioner is that even after paying necessary fees and submitting a representation, dated 12.4.2017, no action has been taken so far. Hence the Petitioner has come forward with the present Writ Petition for the relief stated supra.

6.Considering the submission made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the third respondent to consider the representation of the Petitioner, dated 12.4.2017 on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order 7.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tuticorin, Tuticorin District.

2. The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

3. The Tahsildar, Tiruchendur, Tuticorin District.

+1cc to Mr.K.Sudalaiyandi, Advocate Sr.No.58049 +1cc to Spl.Government Pleader Sr.No. 58122 vsn vb/jc/sar1/06.06.2017/2p/6c W.P(MD)No.8752 of 2017 01.06.2017 https://hcservices.ecourts.gov.in/hcservices/