S.Parvathi Devi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN S.Parvathi Devi ... Petitioner Vs.
1. The District Collector O/o. The District Collector Office Krishnagiri District
2. The Revenue Divisional Officer O/o. The Revenue Divisional Office Hosur Taluk, Krishnagiri District
3. The Revenue Tahsildar O/o.The Revenue Tahsildar Office Hosur Taluk, Krishnagiri District
4. The Village Administrative Officer Mookandapalli Village Hosur Taluk, Krishnagiri District
5. The Land Surveyor O/o. The Land Surveyor Hosur Taluk, Krishnagiri District
6. The Inspector of Police Sipcot Police Station Hosur Taluk, Krishnagiri District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 3 to 5 to survey the 1/6
petitioner land in S.F.No.319/13 and S.F.No.319/14 total extent of 1449 and 1200 Sq.Ft. situated at Mookandapalli Village, Hosur Taluk, Krishnagiri District for fencing stone with barbed wire around four corners of the petitioner land by considering the Challan No.20231020017420 & 2024/0123/31/000502 dated 20.10.2023 & 11.01.2024 within the time period fixed by this Court.
For Petitioner : Mr.S.Vinoth Kumar For R1 to R5 : Mr.T.Arun Kumar Additional Government Pleader For R6 : Mr.S.Sugendran Additional Public Prosecutor
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the respondents 3 to 5 to survey the petitioner land in S.F.No.319/13 and S.F.No.319/14, total extent of 1449 and 1200 Sq.Ft. situated at Mookandapalli Village, Hosur Taluk, Krishnagiri District for fencing stone with barbed wire around four corners of the petitioner land by considering the Challan No.20231020017420 & 2024/0123/31/000502 dated 20.10.2023 & 11.01.2024 within the time period as may be fixed by this Court.
2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents 3 to 5 to consider the petitioner's EChallan dated 20.10.2023 and 11.01.2024 to survey the petitioner's lands. 2/6
3.Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents 1 to 5. Mr.S.Sugendran, learned Additional Public Prosecutor takes notice for the 6th respondent.
4. Since the 6th respondent/Police is nothing to do with the present Writ Petition, this Writ Petition is dismissed as against the 6th respondent/Police. If the petitioner is aggrieved with any of the order of the 6th respondent/Police, she can work out her remedy in the manner known to law as contemplated in Code of Criminal Procedure.
5. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the respondent concerned to consider the petitioner's online application dated 20.10.2023 and representation dated 11.01.2024 and issue notice to the petitioner and to the adjacent land owners of the four boundaries of the subject properties and also to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law if 3/6
already not conducted and pass orders on merits and in accordance with law if already not passed orders, within a period of three months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 14.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To
1. The District Collector O/o. The District Collector Office Krishnagiri District
2. The Revenue Divisional Officer O/o. The Revenue Divisional Office Hosur Taluk, Krishnagiri District
3. The Revenue Tahsildar O/o.The Revenue Tahsildar Office Hosur Taluk, Krishnagiri District
4. The Village Administrative Officer Mookandapalli Village Hosur Taluk, Krishnagiri District
5. The Land Surveyor O/o. The Land Surveyor Hosur Taluk, Krishnagiri District
6. The Inspector of Police Sipcot Police Station Hosur Taluk, Krishnagiri District 5/6
P.VELMURUGAN. J.
Ksa-2 14.02.2024 6/6