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Madras High CourtWP/8220/2022disposed of

Kalavathi v. The District Collector

2022-04-05Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8220 of 2022 Kalavathi

...Petitioner

Vs 1.The District Collector, Erode District, Erode.

2.The Special Tahsildar, Ad-Dravidar Welfare, Erode. ...Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to measure and fix the boundary of the land allotted to the petitioner and to handover the possession of the same within a reasonable time fixed by this Court. For Petitioner ... Mr. S. Sivakumar For Respondents ... Mr. R. Vigneswaran, Government Advocate

O R D E R

The present petition has been filed seeking a direction to the respondents to measure and fix the boundary of the subject land and handover the same to the petitioner within the time stipulated by this Court.

2. Mr. R. Vigneswaran, learned Government Advocate takes notice for respondents 1 & 2.

3. It is the case of the petitioner that the disputed land was acquired by the respondents for the purpose of providing house sites to the petitioner and the other similarly situated persons. Though the said land acquisition proceedings were challenged by the land owners of the subject lands, all the petitions which were filed against the land acquisition proceedings were dismissed by this Court as well as the Apex https://hcservices.ecourts.gov.in/hcservices/

Court. Subsequently, the petitioner and the also the similarly situated persons were alloted the lands and patta was also granted in favour of them. While being so, the petitioner and others were unable to occupy their allotment, due to the illegal occupancy of the land owners. Aggrieved by the same, the petitioner and others made a representation dated 02.10.2019 to the respondents to measure and fix the boundaries of the subject lands. However, till date, the same has not been considered. Hence, the petitioner has come up with the present petition seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice, if this Court issues a direction to the respondents to consider the representation made by the petitioner and dispose of the same in accordance with law, within the time stipulated by this Court.

5. On the above contention, heard the learned Government Advocate appearing for the respondents.

6. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 2nd respondent to consider the petition dated 02.10.2019 made by the petitioner and dispose of the same in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar NHS To 1.The District Collector, Erode District, Erode.

2.The Special Tahsildar, Ad-Dravidar Welfare, Erode.

+1cc to Mr.S.Sivakumar, Advocate SR. No. 23332 +1cc to Government Pleader SR. No. 23811 W.P.No.8220 of 2022 AJB (CO) PR (16/05/2022) https://hcservices.ecourts.gov.in/hcservices/