Suganthi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.(MD)No.18957 of 2019 Suganthi ... Petitioner vs.

1. The Tahsildar, Office of the Tahsildar,

2. The Head Surveyor, Office of the Head Surveyor,

3. The Village Administrative Officer/ Keezha Muthugulathur Village, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and dispose the petitioner's representation dated 16.08.2019, within stipulated time may be fixed by this Court, which is relating to issuance of separate patta and survey the petitioner's land situated in Old Survey No.38/10A and New Survey No.38/55 at Keezha Muthukulathur Village, Muthukulathur, For Petitioner : Mr.S.Ayyanar Premkumar For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

Mr.S.Ayyanar Premkumar, learned Counsel representing Counsel on record for the writ petitioner is before this Court.

2. Mr.Ayiram K.Selvakumar, learned Additional Government Pleader, accepts notice on behalf of all the three respondents.

3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

4. The main writ petition turns on very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's

representation dated 16.08.2019, wherein what according to the writ petitioner are her lands have been sought to be surveyed and there is further request for issue of separate patta also.

5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned Counsel for the writ petitioner abridges the scope of the writ petition and submits that it will suffice if the first respondent is directed to dispose of the representation of the writ petitioner, dated 16.08.2019 with requests, details of which have been set out supra.

6. The learned State Counsel also submitted that the first respondent is the authority who shall consider the aforementioned representation dated 16.08.2019 made by the writ petitioner ( page No.10 of the typed set of papers forming part of the case file).

7. It is made clear that in the course of the representation being considered by the first respondent, if the rights of any other third party / parties or any other third party entity / entities is likely to be affected, the first respondent shall give reasonable opportunity to such third party / parties or any other third party entity/entities, before disposing of the aforementioned writ petitioner's representation.

8. The aforesaid representation dated 16.08.2019 shall be disposed of by the first respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight weeks from the date of receipt of a copy of this order.

9. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Tahsildar, Office of the Tahsildar, 2.The Head Surveyor, Office of the Head Surveyor,

3.The Village Administrative Officer/ Keezha Muthugulathur Village, +1 CC to SPL GP ( SR-85037[F] dated 04/09/2019 ) +1 CC to Mr.S. AYYANAR PREM KUMAR, Advocate ( SR-85148[F] dated 04/09/2019 ) W.P.(MD)No.18957 of 2019 03.09.2019 ssl MK (17.09.2019) 3P 6C