S.Poochiammal, W/O.Savugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.355 of 2016 S.Poochiammal .. Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Survey Department, Sivagangai, Sivagangai District.

3.The Tahsildar, Manamadurai Taluk, Manamadurai, Sivagangai District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the second respondent to take necessary steps to measure property as per the petitioner representation dated 26.11.2015 within the time stipulated by this Court.

For Petitioner : Mr.N.Tamil Mani For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This writ petition is filed seeking for a Mandamus directing the respondents for survey of the land.

2. It is seen that the very same petitioner filed a writ petition earlier in W.P(MD)No.11180 of 2014, seeking for the very same relief, wherein an order came to be passed on 09.07.2014 directing the authorities to consider her representation, dated 17.06.2014. Complaining that the said order was not complied with, the petitioner filed contempt petition before this Court in Cont.P(MD)No.1599 of 2014, wherein an order came to be passed on 12.10.2015 holding that there was no wilful disobedience on the https://hcservices.ecourts.gov.in/hcservices/

part of the authority concerned, in view of the fact that the petitioner herein refused to co-operate for survey of the land. After the said order was passed, the petitioner has come out with the present representation seeking for survey of the land. Even though the authorities were ready to survey, it appears that the petitioner has not co-operated earlier. Therefore, filing of repeated writ petition is not going to help the petitioner in any manner, unless she co-operates with the authorities for survey of the land.

3. Therefore, this writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner, dated 26.11.2015 and pass orders on the same on merits and in accordance with law, also after hearing the rival parties. Such exercise shall be done by the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order. Needless to say that the petitioner should co-operate with the respondents for complying with the order passed in the writ petition without fail. No costs.

Sd/ Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Survey Department, Sivagangai, Sivagangai District.

3.The Tahsildar, Manamadurai Taluk, Manamadurai, Sivagangai District.

+1CC to M/S.N.Tamilmani, Advocate, SR.No. 261 +1CC to the Special Government Pleader, SR.No. 475 W.P(MD)No.355 of 2016 03.01.2017 skn AM/SS3/19.01.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/