Parveen Nisha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR Parveen Nisha, D/o.Fathima Jinna ... Petitioner -Vs1.The Tahsildar, 2.The Head Surveyor, 3.The Village Administrative Officer, Ladanenthal Village, Sivagangai.

... Respondents Prayer:- Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to survey the petitioner's land in Old Survey No.58/15, New Survey No.58/15A, situated at Ladanendhal Village, Thiruppuvanam Taluk, Sivagangai District, by following the principles of natural justice, by considering the petitioner's representations dated 01.07.2019 and 19.07.2019, within a time frame to be fixed by this Court.

For Petitioner : Mr.K.Muthuvai Ilayaraja For Respondents : Mr.V.Anand Government Advocate

ORDER

The prayer in this Writ Petition is for a Writ of Mandamus, directing the first respondent herein to survey the petitioner's land in Old Survey No.58/15, New Survey No.58/15A, situated at Ladanendhal Village, Thiruppuvanam Taluk, Sivagangai District, by considering the petitioner's representations dated 01.07.2019 and 19.07.2019, within a time frame to be fixed by this Court. 1/3

2.Heard Mr.K.Muthuvai Ilayaraja, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.The petitioner, in order to survey and identify the boundaries of the land in Old Survey No.58/15, New Survey No.58/15A, situated at Ladanendhal Village, Thiruppuvanam Taluk, Sivagangai District, had given a representation to the first respondent on 01.07.2019 and also given a reminder on 19.07.2019 and hence, the learned counsel appearing for the petitioner submits that, if the same are decided by the first respondent and a decision is taken thereon, within a time frame to be fixed by this Court, the petitioner would be satisfied.

4.The learned Government Advocate appearing for the respondents submits that, the representation and the reminder of the petitioner, dated 01.07.2019 and 19.07.2019 respectively, would be considered by the first respondent and an order to that effect would be passed thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.

5.Considering the limited scope of the prayer sought for in this Writ Petition, this Court is inclined to dispose of this Writ Petition, with the consent of both the parties, at the stage of admission itself, with the following direction:- The first respondent is hereby directed to consider the representation of the petitioner, dated 01.07.2019 and the reminder dated 19.07.2019 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) smn2 To 1.The Tahsildar, 2/3

2.The Head Surveyor, 3.The Village Administrative Officer, Ladanenthal Village, Sivagangai.

+1 CC to M/s.K.MUTHUVAI ILAYARAJA, Advocate SR-80373. +1 CC to SPL GP SR-80739.

07.08.2019 CS(19.11.2019) 3P 6C 3/3