Surendran vs The District Collector

M. Venugopal, J.—Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondents.

According to the Petitioner, he obtained power of attorney from one Indravathi and Surendran in respect of S.No. 245/7D measuring an extent of 3 Cents and the same was registered on 28.08.2009. The S.No. 245/7D, measuring 66 Cents was originally belonged to Indravathi and Surendran and out of 66 Cents, 63 Cents was sold by Indravathi, Surendran and one Alla Pitchai and the balance 3 Cents, the Petitioner obtained through a power of attorney.

The said Surendran gave a Petition to the Revenue Divisional Officer, Madurai to issue patta in favour of them in respect of the S.No. 245/7D, measuring an extent of 3 Cents. After detailed enquiry by the Revenue Divisional Officer, the Revenue Divisional Officer, ordered and directed the 2nd Respondent to sub divide the property on 17.07.2009. After the order of the Revenue Divisional Officer, the Petitioner obtained power of attorney in respect of S.No. 245/7D, measuring an extent of three cents. Also that, he made a representation to the 2nd Respondent to sub divide the property on 06.07.2011. Further, necessary fee was paid. The 2nd Respondent issued notice to the Petitioner on 07.09.2011 stating that the land was to be surveyed on 14.09.2011. However, the 2nd Respondent was not surveyed the property on that day. After that, the Petitioners gave so many representations to the 2nd Respondent, but no action was taken against his Petition.

It comes to be known that the Petitioner submitted a representation to the 1st Respondent on 19.03.2012 and the 1st Respondent forwarded the same to the 2nd Respondent. But the 2nd Respondent has not taken any action against his representation so far. Once again, he submitted a petition to the 2nd Respondent on 19.09.2014 and paid necessary fee for surveying the land. On this occasion also, the 2nd Respondent has not taken any steps to survey the land. If the property is not measured and sub divided, the petitioners would be put into peril and irreparable loss. Hence, the Petitioner has filed the present Writ Petition.

In view of the fact that the Petitioner has sought for a limited prayer viz., for passing of an order by this Court in directing the 2nd Respondent to measure and sub divide the property in S.No. 245/7D at Melur, Madurai District based on the order passed by the RDO, dated 17.07.2009, within the time to be determined by this Court, this Court, in the interest of Justice and Fair Play, directs the 2nd Respondent to measure and sub divide the property in S.No. 245/7D at Melur, Madurai District, based on the order passed by the RDO, dated 17.07.2009, within a period of eight weeks from the date of receipt of a copy of this order.

With the above directions, the Writ Petition stands disposed of. No costs.