Madras High CourtWP(MD)/23209/2016disposed of

Deivanai v. The Tahsildar

2016-12-01Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 01.12.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.23209 of 2016 DEIVANAI . . . Petitioner -Vs1 THE TAHSILDAR, KODAIKKANAL TALUK, KODAIKKANAL, DINDIGUL DISTRICT.

2 THE LAND SURVEYOR TAHSILDAR OFFICE, KODAIKKANAL, DINDIGUL DISTRICT.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India directing the Respondents to survey the Petitioner's land measuring 0.80.0 Ares in Survey No.1224/1 in Patta No.1294, situated at Kookkal-Gundupatti Village, Kodaikkanal Taluk, Dindigul District and demarcate the same by laying survey stone after giving opportunity to the neighbours and all the party concerned by considering the Petitioners representation dated 22.08.2016 within the time stipulated by this Honourable Court. For petitioner :Mr. M. Mohamed Rafi For respondent :Mr. K.P. Krishna Doss Government Advocate

ORDER

The petitioner has filed this Writ Petition, directing the respondents to survey her land measuring an extent of 0.80.0 Ares in Survey No.1224/1 in Patta No.1294, situated at Kookkal-Gundupatti Village, Kodaikkanal Taluk, Dindigul District and demarcate the same by laying survey stone after giving opportunity to the neighbours and all the party concerned by considering her representation dated 22.08.2016 2.According to the petitioner, she claims to be owner of the property measuring to an extent of 0.80.0 Ares in Survey No.1224/1 in Patta No.1294, situated at Kookkal-Gundupatti Village, Kodaikkanal Taluk, Dindigul District and patta was also issued in favour of her husband. After the death of her husband in the year 2012, the petitioner has been paying kist regularly. While that being so, she filed an application before the second respondent to survey and demarcate the property, on 22.08.2016 and she also paid necessary fees for the same. Since no order has been passed, the https://hcservices.ecourts.gov.in/hcservices/

present writ petition has been filed.

3.Heard the submissions made on either side and perused the material documents carefully.

4.Taking into consideration of the fact that the petitioner filed an application along with necessary fee to survey and demarcate the property and it is pending from 22.08.2016, the respondents are directed to survey and demarcate the property of the petitioner, after issuing notice to the petitioner and other rival parties, within a period of 12 weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar /True cop/ Sub Assistant Registrar To 1 THE TAHSILDAR, KODAIKKANAL TALUK, KODAIKKANAL, DINDIGUL DISTRICT.

2 THE LAND SURVEYOR TAHSILDAR OFFICE, KODAIKKANAL, DINDIGUL DISTRICT.

+ 1cc to Mr.M.Mohamed Rafi Advocate - CCSR 79342 + 1cc to Special Government Pleader - CCSR 79509 AAM/5c/2p/10.01.2017 W.P.(md).NO.23209 of 2016 01.12.2016 https://hcservices.ecourts.gov.in/hcservices/