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Madras High CourtWP/2552/2024dismissed

B.Vasanthi v. The District Collector

2024-02-06Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN B.Vasanthi ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Salem District.

2. The Tahsildar, Omalur Taluk, Salem District.

3. The Head Surveyor, Omalur Taluk, Salem District.

4. The Inspector of Police, Taramangalam Police Station, Salem District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to survey the land by taking police protection from the fourth respondent in respect of the petitioner's properties comprised in various survey

Nos.61/4J, 61/4E, 61/4C, 61/4F, 61/4G, 61/4H, 65/13A, 65/13C, 61/41, 61/4J, 61/14A, 64/5A, 65/13C measuring an total extent of 3.06 Acres of land, situated at Pappampatti Village, Omalur Taluk, Salem District and consequently issue the Patta.

For Petitioner : Mr.R.Ramesh For R1 to R3 : Mr.A.Selvendran Special Government Pleader For R4 : Mr.S.Sugendan Additional Public Prosecutor, Assisted by Mr.N.Muthuvel Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 2 and 3 to survey the land by taking police protection from the fourth respondent in respect of the petitioner's properties comprised in various survey Nos.61/4J, 61/4E, 61/4C, 61/4F, 61/4G, 61/4H, 65/13A, 65/13C, 61/41, 61/4J, 61/14A, 64/5A, 65/13C measuring an total extent of 3.06 acres of land, situated at Pappampatti Village, Omalur Taluk, Salem District and consequently issue the Patta.

2. Heard the learned counsel appearing for the petitioner, learned

Government Advocate appearing for the fourth respondent and the learned Special Government Pleader appearing for the respondents.

3. The petitioner already filed W.P.No.26003 of 2023 seeking direction to the second respondent to consider her application dated 31.03.2023 and also for issuance of patta to the properties situated in the abovesaid Survey numbers. This Court by quoting the circular issued by the Land Administration, disposed the earlier petition filed by the petitioner. Subsequently, the petitioner has filed the present writ petition seeking direction to the respondents to survey her land. It is the contention of the petitioner that the respondents have not passed the final order till date. If the respondents have not complied with the earlier order of this Court, by violating the Circular issued by the Land Administration, the petitioner has to file a Contempt Petition not another writ petition.

4. In view of the above, the Writ Petition is dismissed. There

shall be no order as to costs.

06.02.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Office of the District Collector, Salem District.

2. The Tahsildar, Omalur Taluk, Salem District.

3. The Head Surveyor, Omalur Taluk, Salem District.

4. The Inspector of Police, Taramangalam Police Station, Salem District.

P.VELMURUGAN, J.

mfa 06.02.2024