Selvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.9537 of 2021 Selvi W/o. Rajendran ...

Petitioner Vs

1. The District Collector, Kallakuruchi District,

2. The Tahsildar, Chinna Salem, Kallakuruchi District.

3. The Superintendent of Police, Kallakuruchi District.

4. The Inspector of Police, Chinna Salem Police Station, Kallakuruchi District.

5. Kaliamurthy, S/o. Chellaperumal

6. Ramasamy, S/o. Chellaperumal

7. Ramachandran, S/o. Chellaperumal

8. Selvakumar, S/o. Chellamuthu

9. Muthu, S/o. Chellamuthu

10. Vishalakshmi W/o. Chellamuthu ...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to the 2nd respondent to measure and demarcate the property with the aid of the 4th respondent measuring an extent of 0.49 cents in Survey No.261/2-

A, 0.19 cents in Survey No.263/1, 0.17 cents in Survey No. 263/2, 0.08 cents in Survey No. 263/5, 0.09 cents in Survey No.263/6 and 1 acre 40 cents in Survey No. 264/1, measuring a total extent of 2 acres and 42 cents situated at Rayapanoor Village, Chinna Salem Taluk, Kallakurichi District. For petitioner ...

Mr.P. Pandiyaraj For respondents ...

Mr.Annai Ezhil, Gov. Advocate for R1 to R4

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to measure and demarcate the property with the aid of the 4th respondent in Survey Nos.261/2-A, 263/1, 263/2, 263/5, 263/6 and 264/1, situated at Rayapanoor Village, China Salem Taluk, Kallakurichi District.

2. The grievance of the petitioner is that the petitioner has made an application before the second respondent seeking for survey and demarcation of the properties. But that application has not been considered till date. Hence, the present writ petition has been filed.

3. In view of the nature of the order, that is going to be passed in the writ petition, which no way would prejudice the interest of the respondents 5 to 10, notice to the respondents 5 to 10 is dispensed with.

4. Today, when the matter is taken up for hearing, the learned Government Advocate, appearing for the respondents 1 to 4 would submit that pursuant to the petitioner's application, enquiry has been fixed on 27.04.2021 and the petitioner was also directed to appear before second respondent on that date for enquiry and he has also produced the copy of the letter.

5. Considering the above said submission and also the fact that the respondents 5 to 10 are also claiming interest over the property, the second respondent is directed to conduct enquiry, after giving opportunity to the petitioner as well as the respondents 5 to 10 and pass suitable orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mrp To

1. The District Collector, Kallakuruchi District,

2. The Tahsildar, Chinna Salem, Kallakuruchi District.

3. The Superintendent of Police, Kallakuruchi District.

4. The Inspector of Police, Chinna Salem Police Station, Kallakuruchi District.

+1cc to Mr.P. Pandiyaraj, Advocate SR.No. 23582 +1 cc to Government Pleader Sr.No. 24015 W.P. No. 9537 of 2021 AJB(CO) A.SK(22.06.2021)