Kumari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 6537 of 2024 Kumari ... Petitioner versus 1.The District Collector, Office of District Collector, Kallakurichi - 606 213.
2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Kallakurichi -606 213.
3.The Assistant Director of Survey and Land Records, Kallakurichi District.
4.The Special Tahsildar (ADW), Adi Dravidar and Tribal Welfare Officer, Kallakurichi - 606 202.
5.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.
... Respondents Pg.Nos.1/6
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing respondents 3 and 5 to measure and demarcate the petitioner's property comprised in S.R.Nos.260/4D, 4E, 4F, 5, 258-5A, situated at Pridivimangalam Village, Kallakurichi District, measuring an extent of 0.02 cents vide allotment No.A/1609/91 based on the application dated 04.01.2024 made to the first respondent in the light of necessary fee paid by the petitioner.
For Petitioner :
Mr.D.Murugan For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing respondents 3 and 5 to measure and demarcate the petitioner's property comprised in S.R.Nos.260/4D, 4E, 4F, 5, 258-5A, situated at Pridivimangalam Village, Kallakurichi District, measuring an Pg.Nos.2/6
extent of 0.02 cents vide allotment No.A/1609/91 based on the petitioner's application dated 04.01.2024 made to the first respondent in the light of necessary fees paid by the petitioner.
3.The main grievance of the petitioner is that even though, she has made an application 04.01.2024, by remitting requisite fees through EChallan, till date, the respondents 3 and 5 have not taken any action to conduct survey and demarcate the subject property. Hence, the present writ petition has been filed.
4. The learned Special Government Pleader appearing for respondents submits that the application of the petitioner would be considered on merits and in accordance with law by the authority concerned.
5. Heard both sides and perused the materials available on record.
6. Since this writ petition is filed for Mandamus simpliciter, to direct respondents 3 and 5 to consider the application of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the fifth respondent to consider the application of the petitioner dated Pg.Nos.3/6
04.01.2024 and pass appropriate orders by conducting survey and demarcating the subject lands, after receipt of the cost of the survey from the petitioner, if not already received, and after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors/aggrieved parties/adjacent owners if any, as the case may be, if the application of the petitioner is otherwise in order. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.
7. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs. 14.03.2024 Index: Yes/No Speaking Order : Yes/No ms To Pg.Nos.4/6
1.The District Collector, Office of District Collector, Kallakurichi - 606 213.
2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Kallakurichi -606 213.
3.The Assistant Director of Survey and Land Records, Kallakurichi District.
4.The Special Tahsildar (ADW), Adi Dravidar and Tribal Welfare Officer, Kallakurichi - 606 202.
5.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 14.03.2024 Pg.Nos.6/6