Madras High CourtWP(MD)/18813/2019disposed of

P.Eswari @ Sowdeeswari v. The District Collector

2019-08-29Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019

CORAM:

THE HONOURABLE Mr.JUSTICE R.SURESH KUMAR W.P.(MD)No.18813 of 2019 P.Eswari @ Sowdeeswari ...

Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul.

2.The Tahsildar, 3.The Taluk Head Surveyor, ...

Respondents Prayer: The petition is filed Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents more particularly, the respondents 2 and 3 to survey and demarcate the petitioner's property comprised in Old Survey No.79/6 and New S.No.79/6B (Old Patta No.39 and New Patta No.996), measuring an extent of 9 cents (punja land) situated at Kurumbapatti Village, Dindigul Town and District by considering the petitioner's application dated 19.08.2019 in accordance with law and within a time stipulated by this Court.

For Petitioner : Mr.P.Mahendran For Respondents : Mr.V.Anand, G.A.

O R D E R

The prayer sought for in this Writ petition is to issue a Writ of Mandamus, directing the respondents more particularly, the respondents 2 and 3 to survey and demarcate the petitioner's property comprised in Old Survey No.79/6 and New S.No.79/6B (Old Patta No.39 and New Patta No.996), measuring an extent of 9 cents (punja land) situated at Kurumbapatti Village, Dindigul Town and District by considering her application dated 19.08.2019 in accordance with law and within a time stipulated by this Court. 1/3

2.Mr.P.Mahendran, learned counsel for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.In order to survey and identify the four boundaries of the above said land, the petitioner has given a representation / application to the respondent on 19.08.2019, the learned counsel appearing for the petitioner, therefore, would submit that, if the said representation would be decided on merits and in accordance with law, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

4.The learned Government Advocate appearing for the respondents would submit that the petitioner has very recently given the said representation / application and therefore, within a reasonable time, the same would be disposed of on merits and in accordance with law by the 2nd respondent.

5.Considering the limited scope of the prayer sought for herein and taking into account that the said representation / application has been submitted by the petitioner very recently, this Court is inclined to dispose of this Writ petition at the admission stage with the consent of both sides with the following direction: That the 2nd respondent is hereby directed to consider the representation / application of the petitioner dated 19.08.2019 and pass orders thereon on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order. With this direction this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) nbj To 1.The District Collector, Office of the District Collector, Dindigul.

2.The Tahsildar, 2/3

3.The Taluk Head Surveyor, +1CC TO MR.P.MAHENDRAN, Advocate Sr. No. 84335 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 84621 W.P.(MD)No.18813 of 2019 29.08.2019 MR(CO) TR(03.12.2019)3P 6C 3/3