Madras High CourtWP/6796/2022disposed of

P.V.Indirani v. The District Collector

2022-03-24Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. NO.6796 OF 2022 AND W.M.P.NO.6874 OF 2022 P.V.Indirani ... Petitioner Vs.

1 The District Collector Dharmapuri District.

2 The Tashildar Palacode Taluk Office Palacode Dharmapuri District.

3 The Superintendent of Police Superintendent of Police Office Dharmapuri District Dharmapuri.

4 The Inspector of Police Palacode Police Station Dharmapuri District. 5 Murugan ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 1 and 2 to Survey the Petitioners land bearing Survey No. 85/1 measuring about 0.11.00 Ares 2) Survey No. 85/2 measuring about 0.15.00 Ares 3) Survey No. 86/1A measuring about 0.14.00 Ares 4) Survey No. 87/4 measuring about 0.5.50 Ares 5) Survey No. 88 measuring about 1.50.00 Ares and Survey No. 87/1 measuring about 1.15.50 Ares and the property situated at Jerthalal Village Palacode Taluk Dharmapuri District along with Police Aid on the part of the 3rd and 4th Respondents herein to secure the ends of justice. For Petitioner : Mr.R.Naresh Kumar for K.Nagarajan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the Respondents 1 and 2 to Survey the Petitioners land bearing Survey No. 85/1 measuring about 0.11.00 Ares 2) Survey No. 85/2 measuring about 0.15.00 Ares

3) Survey No. 86/1A measuring about 0.14.00 Ares 4) Survey No. 87/4 measuring about 0.5.50 Ares 5) Survey No. 88 measuring about 1.50.00 Ares and Survey No. 87/1 measuring about 1.15.50 Ares and the property situated at Jerthalal Village, Palacode Taluk Dharmapuri District along with Police Aid on the part of the 3rd and 4th Respondents herein to secure the ends of justice.

2. The learned Special Government Pleader appearing on behalf of the respondents take notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since no adverse order is being passed as against the private respondent, notice to the private respondents is dispensed with.

4. The case of the petitioner is that the petitioner is the owner of the property in Survey No. 85/1 measuring about 0.11.00 Ares, Survey No. 85/2 measuring about 0.15.00 Ares, Survey No. 86/1A measuring about 0.14.00 Ares, Survey No. 87/4, measuring about 0.5.50 Ares, Survey No. 88 measuring about 1.50.00 Ares and Survey No. 87/1 measuring about 1.15.50 Ares and the property situated at Jerthalal Village, Palacode Taluk Dharmapuri District. The petitioner made a representation to the respondents on 17.02.2018, to survey and measure the land. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

5. The learned counsel for the petitioner submitted that it would suffice if this Court issue a direction to the 2nd respondent to consider the petitioner's representation, dated 17.02.2018, and pass orders within a reasonable time that may be fixed by this Court.

6. The learned Special Government Pleader appearing on behalf of the respondents submitted that the petitioner's representation dated 17.02.2018, will be considered by the respondents, within a reasonable time that may be fixed by this Court.

7. This Court, without going into the merits of the case, directed the 2nd respondent to consider the petitioner's

representation dated 17.02.2018, after issuing notice to the 5th respondent and pass orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner and to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Psa To 1 The District Collector Dharmapuri District.

2 The Tashildar Palacode Taluk Office Palacode Dharmapuri District.

3 The Superintendent of Police Superintendent of Police Office Dharmapuri District Dharmapuri.

4 The Inspector of Police Palacode Police Station Dharmapuri District. +1cc to K.Nagarajan, Advocate, S.R.No.20002 +1cc to the Government Pleader, S.R.No.20595 W.P. No.6796 of 2022 SJ(CO) PM/08/04/2022