1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.3964 of 2011 S.R.Balasubramanian Petitioner Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai. 2.The Assistant Director, Survey Department, Collectorate Campus, Sivagangai. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to expedite the proceeding in B3/9462/09 pending before the second respondent. For Petitioner M/s.K.Elil Selvi For Respondents Mr.K.Balasubramanian Additional Government Pleader ORDER This petition has been filed seeking a Writ of Mandamus directing the second respondent to expedite the proceedings in B3/9462/09 pending before the second respondent. 2. The learned counsel for the petitioner would submit that though as per the patta issued to the petitioner, the total extent of land is 4 acre and 11 cents, as per the survey record, it is only 4 acre and thus, there is a shortage of 11 cents and hence, on this ground, the petitioner had applied for re-survey. The Revenue Divisional Officer, Sivagangai, by his proceedings dated 12.11.2009, has directed the petitioner to approach the Assistant Director (Land Survey), Sivagangai. Pursuant to that, the petitioner has also made an application to the Assistant Director (Land Survey), Sivagangai, on 01.12.2009 and the same was numbered as B3/9462/09. Since it was not considered, the petitioner has sent further representation on 04.08.2010. Yet, till date, no order has been passed nor any enquiry made. Hence, the petitioner has come forward with this petition with the above relief. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned Additional Government Pleader would contend that the matter has to be looked into as the petitioner himself has stated in the application sent to the Revenue Divisional Officer that 11 cents might have been included in Survey No.21/7 or in any other survey numbers. Therefore, he has not impleaded the other parties and notice has also to be sent to any other party who is interested and orders can be passed only if it is pending. 4. Heard the respective learned counsel. 5. Considering the limited prayer of the petitioner seeking for a direction to consider and dispose of his application for re- survey of the lands, especially when he has applied for the same and which is kept pending right from 2009 and since it is clear from the letter of the Revenue Divisional Officer, Sivagangai, that the petitioner has approached the Assistant Director (Land Survey) and pursuant to the same, he has applied even from 01.12.2009 which is pending under No.B3/9462/09, according to the petitioner and also considering that the petitioner has also made a representation on 04.08.2010 and even after the same also, till date, no order has been passed, if no order has been passed so far, there will be a direction to the second respondent to consider and dispose of the petitioner's application which is pending under No.B3/9462/09 for re-survey of the lands after giving notice to all parties who will be concerned or whose lands may be included in this, including the owners of the land in Survey No.21/7 and 27/9, conduct an enquiry and pass orders on merits and in accordance with law, preferably within a period of five months from the date of receipt of a copy of this order. The Writ Petition is disposed of as per the above terms. No costs. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar To 1.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai. 2.The Assistant Director, Survey Department, Collectorate Campus, Sivagangai. +1cc to M/s.K.Elil Selvi, Advocate, Sr.No.12502 +1cc to the Special Govt.Pleader, Sr.No. 12869 srm ssk/20.04.2011 /5c -2p/- Order made in W.P.(MD)No.3964 of 2011 https://hcservices.ecourts.gov.in/hcservices/