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Madras High CourtWP(MD)/19023/2019disposed of

M.Savitha v. The District Revenue Officer

2019-08-30Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.19023 of 2019 M.Savitha ... Petitioner Vs.

1.The District Revenue Officer, Tiruchirappalli.

2.The Revenue Divisional Officer, Lalgudi Post, Tiruchirappalli Dsitrict.

3.The Tahsildar, Manachanallur Taluk Tiruchirappalli District.

4.The Surveyor, Manachanallur Taluk Office, Manachanallur, Trichy District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents herein to conduct survey, measurement and fix boundaries of the petitioner's property comprised in Survey Nos.128/3B and 128/10A2, situated in Mela Seethevi Mangalam Village, Manachanallur Taluk, as per her online applications dated 28.05.2019, 01.06.2019 and 17.08.2019 on the basis of registered settlement Deed Doc.No.645/1995 dated 15.02.1995; Settlement deed No.1763/1995 dated 20.04.1995 and partition deed No.5185/1997 dated 10.11.1997, within a reasonable time.

For Petitioner :Mr.K.Appadurai For Respondents :Ms.VPM.Vaishnavi Government Advocate

ORDER

This Writ Petition has been filed for a Writ of Mandamus to direct the respondents herein to conduct survey, measurement and fix boundaries of the petitioner's property comprised in Survey Nos.128/3B and 128/10A2, situated in Mela Seethevi Mangalam Village, Manachanallur Taluk, as per her online applications dated 28.05.2019, 01.06.2019 and 17.08.2019 on the basis of registered settlement Deed Doc.No.645/1995 dated 15.02.1995; Settlement deed No.1763/1995 dated 20.04.1995 and partition deed No.5185/1997 dated 10.11.1997.

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2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. 3.In order to survey the land and identify the four boundaries in respect of the property at S.Nos.128/3B and 128/10A2, situated in Mela Seethevi Mangalam Village, Manachanallur Taluk, the petitioner has given a detailed representation on 28.05.2019 to the third respondent and while the said representation was pending, it seems that, subsequently, applications also had been made on 17.08.2019 through online by paying the necessary fee in respect of each of the property mentioned therein and all these applications, having been received by the third respondent, acknowledgment has also been given, however, none of the said applications as well as the representation, since have been considered so far by the third respondent, this writ petition has been filed with the aforesaid prayer.

4. The learned counsel for the petitioner would submit that, if the said representation along with the connected applications filed in this regard by the petitioner, as referred to above, are considered and decided on merits by the third respondent within the time to be stipulated by this Court, the petitioner would be satisfied.

5. Heard the learned Additional Government Pleader, who would submit that, the said representation of the petitioner dated 28.05.2019 along with the application dated 17.08.2019 would be considered and necessary orders would be passed thereon within a time frame to be stipulated by this Court.

6. Having regard to the said submissions made by both sides, by taking into account the factual matrix, this Court is inclined to dispose of the writ petition, with the consent of the learned counsel for the parties, at the admission stage itself, with the following direction:

"That the third respondent is hereby directed to consider the representation of the petitioner, dated 28.05.2019 as well as the application submitted on 17.08.2019 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. In this regard, if need arises, the petitioner as well as the rival claimants, if any, can also be heard by the third respondent and accordingly, final order, as indicated above, can be passed." No costs. Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) 2/3

RR To 1.The District Revenue Officer, Tiruchirappalli.

2.The Revenue Divisional Officer, Lalgudi Post, Tiruchirappalli Dsitrict.

3.The Tahsildar, Manachanallur Taluk Tiruchirappalli District.

4.The Surveyor, Manachanallur Taluk Office, Manachanallur, Trichy District.

+1 CC to M/s.K.APPADURAI, Advocate ( SR-84525[F] dated 30/08/2019 ) +1 CC to M/s.SPLGP ( SR-84872[F] dated 03/09/2019 ) W.P.(MD)No.19023 of 2019 30.08.2019 sma/20/12/19/3p/7c 3/3