Madras High CourtWP(MD)/11199/2013disposed of

Mohammed Meera Ammal v. The District Collector,

2017-02-02Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)No.11199 of 2013 Mohammed Meera Ammal ... Petitioner vs.

1)The District Collector, Ramanathapuram District.

2)The Revenue Divisional Officer, Ramanathapuram District.

3)The Tahsildar, Ramanathapuram District.

4)Thangamaraikkayar ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the respondents particularly the 3rd respondent to survey the petitioner's land situated in Survey No.389/1 in Mandapam Village, Ramanathapuram Taluk and District by the District Surveyor.

For Petitioner : Mr.K.Sivabalan For R1 to R3 : Mr.T.R.Janarthanam Additional Government Pleader For R4 : No appearance

ORDER

The petitioner's request dated 30.05.2013 for surveying her lands in Survey No.389/1 in Mandapam Village, Ramanathapuram Taluk and District, measuring an extent of 1.14 acres, was not considered by the 3rd respondent and hence, the present writ petition has been filed.

2.The petitioner claims that she is the owner of the aforesaid property and hence sought for surveying the lands with the help of a Surveyor through her representation dated 30.05.2013. 3.Whenever an application is received by the concerned official for surveying the lands, it is the duty of the official either to accept the request of the petitioner or to reject it, but cannot keep the application pending indefinitely. https://hcservices.ecourts.gov.in/hcservices/ 4.In view of the same, there shall be a direction to the 3rd respondent to consider the petitioner's application dated 30.05.2013 and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy

of this order. While passing orders on the petitioner's application, the 3rd respondent shall also give prior notice to the 4th respondent and if any survey is conducted, the same shall be conducted in the presence of the 4th respondent. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1)The District Collector, Ramanathapuram District.

2)The Revenue Divisional Officer, Ramanathapuram District.

3)The Tahsildar, Ramanathapuram District.

+1 cc to MR.K.Sivabalan, ADVOCATE, SR NO: 6045 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 5977 nbi sva/skn/13.02.2017/2p/6c W.P(MD)No.11199 of 2013 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/