Madras High CourtWP(MD)/23767/2019disposed of

A.Ansari Begam v. The Revenue Divisional Officer

2019-11-13Honourable Mr Justice M. Govindaraj3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD).No.20364 of 2019 Mrs.A.Ansari Begam ... Petitioner -Vs1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukottai, Thanjavur District.

2.The Tahsildar, 3.The Land Surveyor, Land Survey Department 4.H.Syed Ibrahim ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, forbearing the 3rd respondent from surveying the land in S.No.132/2A2 and 132/2A1B according to Patta No.1266 and 3620 till the disposal of the Revenue Proceedings pending on the file of the 1st respondent on the application of the petitioner dated 7.2.2019.

For Petitioner : Mr.K.Suresh Kumar For Respondents : Mr.B.Baghavathi Government Advocate

ORDER

The prayer in this writ petition is to forbear the 3rd respondent from surveying the land in S.No.132/2A2 and 132/2A1B according to Patta No.1266 and 3620 till the disposal of the Revenue Proceedings pending on the file of the 1st respondent on the application of the petitioner dated 7.2.2019. 2.Heard Mr.B.Baghavathi, learned Government Advocate, who takes notice for the respondents.

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3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

4.The petitioner claims that he is the owner of the land in S.No.132/2A2 in Athiramapattinam Village, Pattukkottai Taluk, Thanjavur District. According to him, the fourth respondent herein is attempting to fence the property, without any valid title. With regard to the same, he has given an objection letter for survey of the land and the said objection is still pending without disposal. 5.Now that, the learned counsel for the petitioner would submit that the petitioner would be satisfied if a direction is given to the third respondent to dispose of the objection petition within a specified time limit.

6.Accordingly, without going into the merits of the petition, this Court directs the third respondent to dispose of the objection petition filed by the petitioner, dated 07.02.2019, within a period of four weeks from the date of receipt of a copy of this order. 7.However, on instructions, the learned Government Advocate would submit that survey has already been conducted this morning. (13.11.2019 morning) 8.Accordingly, the writ petition is disposed of as having become infructuous. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) VS To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukottai, Thanjavur District.

2.The Tahsildar, 2/3

3.The Land Surveyor, Land Survey Department +1CC TO MR.K.SURESH KUMAR, Advocate Sr. No. 98270 Order made in Dated:13.11.2019 MR(CO) TR(03.12.2019) 3P 5C 3/3