Madras High CourtWP/2139/2022disposed of

M.Ramachandran v. The District Collector

2022-02-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2139 of 2022 M. Ramachandran ... Petitioner Vs.

1. The District Collector, Tirupattur District, at Tirupattur.

2. The Superintendent of Police, Tirupattur District, at Tirupattur.

3. The Revenue Divisional Officer,

4. The Tahsildar,

5. The Taluk Head Surveyor,

6. The Village Administrative Officer, Jabrabath Village,

7. The Inspector of Police, Ambalur Police Station,

8. Sivalingam

9. Murali

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 3 to 6 to measure the property situated in Survey Nos.498/1A1 to

an extent of 0.10.0 Hectare, 498/1A3 to an extent of 0.42.0 Hectare, 498/1B1 to an extent of 0.7.0 Hectare, 498/1B3 0.14.5 Hectare, 499/1A to an extent of 0.17.5 Hectare, 523/16 to an extent of 0.8.0 Hectare, 525/18 to an extent of 0.7.0 Hectare, Arapandakuppam Village, Vaniyampadi Taluk, Tirupattur District totally to an extent of 2 acres 59 cents and earmark the same by erecting milestones along with aid of police protection by considering the petitioner's representation dated 26.11.2021. For Petitioner : Mr.A.Rajeshkanna For Respondents : Mr.M.Murali 1 to 7 Government Advocate

O R D E R

The petitioner has filed this petition seeking issuance of writ of Mandamus, directing the respondents 3 to 6 to measure the property situated in Survey Nos.498/1A1 to an extent of 0.10.0 Hectare, 498/1A3 to an extent of 0.42.0 Hectare, 498/1B1 to an extent of 0.7.0 Hectare, 498/1B3 0.14.5 Hectare, 499/1A to an extent of 0.17.5 Hectare, 523/16 to an extent of 0.8.0 Hectare, 525/18 to an extent of 0.7.0 Hectare, Arapandakuppam Village, Vaniyampadi Taluk, Tirupattur District totally to an extent of 2 acres 59 cents and earmark the same by erecting milestones along with aid of police protection by considering the petitioner's representation dated 26.11.2021.

2. The petitioner residing in the above mentioned property along with his family members and also owned the agricultural landed property situated in various survey numbers in Arapandakuppam Village, Vaniyampadi Taluk, Tirupattur District, admeasuring totally an extent of 2 acres 59 cents and there was a civil dispute between the petitioner and the respondents 8 and 9 in O.S.No.51 of 2013 and the same was decreed in favour of the petitioner. Thereafter, the respondents 8 and 9 also filed a Suit in O.S.No.17 of 2014 and the said suit was partly decreed only in respect of declaration and the relief of permanent injunction was dismissed and the judgment and decree passed in O.S.No.51 of 2013 has reached finality. Subsequently, the petitioner addressed representation dated 26.11.2021 to the respondents 1 to 7 for measurement of the property and also paid necessary government charges towards measurement, however till date, the representation has not been considered. Hence the petitioner is before this Court.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents 1 to 4 to earmark the above mentioned property by erecting milestones along with aid of police protection by considering the petitioner's representation dated 26.11.2021.

4.The learned Government Advocate has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 4th respondent to consider the petitioner's representation dated 26.11.2021, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sk To

1. The District Collector, Tirupattur District, at Tirupattur.

2. The Superintendent of Police, Tirupattur District, at Tirupattur.

3. The Revenue Divisional Officer,

4. The Tahsildar, Vaniyampadi Taluk, Tirupattur District.

5. The Taluk Head Surveyor,

6. The Village Administrative Officer, Jabrabath Village,

7. The Inspector of Police, Ambalur Police Station, +1cc to Mr.A.Rajeshkanna, Advocate, S.R.No.8432 +1cc to the Government Pleader, S.R.No.9235 W.P.No.2139 of 2022 NK[co] NSK 16/03/2022