Madras High CourtWP(MD)/17117/2022disposed of

Vanitha v. The District Collector

2022-11-24Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.17117 of 2022 Vanitha, W/o.Prabhakaran .. Petitioner

Versus

1.The District Collector, 2.The Revenue Divisional Officer, Aranthangi Division, 3.The Tahsildar, Aranthangi Taluk, pudukottai District.

4.The Assistant Director, Department of Survey and Land Records, 5.Murugan, S/o.Shanmugam .. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to demarcate the lands of the petitioner to an extent of 54 1⁄2 cents, comprised in New Survey No.17/11B1, Erukkalaikottai Village, Aranthangi Village, Pudukkottai District as well as the lands of the fifth respondent to an extent of 3 1⁄2 cents, comprised in New Survey No.17/11B1, Erukkalaikottai Village, Aranthangi Village, Pudukkottai District, based on the respective sale deeds of the parties 1/5

and to correct the FMB entries after proper sub-division, by considering the representation of the petitioner, dated 10.05.2022, within a time frame as may be fixed by this Court.

For Petitioner :

Mr.A.Mohan For Respondents 1 to 4 :

Mr.A.Kannan Additional Government Pleader For 5th Respondent :

Mr.K.C.Maniyarasu

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to demarcate her lands, measuring an extent of 54 1⁄2 cents, comprised in New Survey No.17/11B1, Erukkalaikottai Village, Aranthangi Village, Pudukkottai District as well as the lands of the fifth respondent, measuring an extent of 3 1⁄2 cents, comprised in New Survey No.17/11B1, Erukkalaikottai Village, Aranthangi Village, Pudukkottai District, based on the respective sale deeds of the parties and to correct the FMB entries after proper sub-division, by considering the representation of the petitioner, dated 10.05.2022, within a time frame.

2. Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 4 submits that the petitioner has not submitted online application along with requisite fees to the third respondent. If she submit an online application along with 2/5

requisite fees to the third respondent, her request for survey and demarcation of the lands in question would be considered, in accordance with law, within a time frame.

4. Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents 1 to 4, this Court, without going into the merits of the matter, directs the petitioner to submit an online application along with requisite fees to the third respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application, the third respondent shall consider the request of the petitioner after issuing notice to all the necessary parties concerned and pass appropriate orders on merits and in accordance with law, within a period of 14 weeks thereafter.

5. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 24.11.2022 smn2 To 1.The District Collector, 2.The Revenue Divisional Officer, Aranthangi Division, 3/5

3.The Tahsildar, Aranthangi Taluk, pudukottai District.

4.The Assistant Director, Department of Survey and Land Records, 4/5

V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 24.11.2022 5/5