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Madras High CourtWP/7153/2024disposed of

A.Valarmathi, v. The Districtd Collector,

2024-03-20Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 7153 of 2024 A.Valarmathi ... Petitioner versus 1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Thalaivasal Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Thalaivasal Taluk, Salem District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to measure the petitioner's land in Survey No.193/2 to an extent of 2 acres of land in Puthur Village (Vadakku Katukottai) Thalaivasal Taluk, Salem District by disposing of the petitioner's representation dated 24.11.2023 within a time to be stipulated by this Court.

Pg.Nos.1/5

For Petitioner :

Mr.A.Rajakumar 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 the third respondent to measure the petitioner's land in Survey No.193/2, measuring to an extent of 2 acres, situated in Puthur Village (Vadakku Katukottai) Thalaivasal Taluk, Salem District, by considering the petitioner's representation dated 24.11.2023. 3.The case of the petitioner is that she is the absolute owner of the subject land and Patta also stands in the name of the petitioner vide Patta No.1200. While that being so, she has given a representation to the second respondent on 24.11.2023 by paying requisite fees through E-challan, Pg.Nos.2/5

seeking to measure and fix the boundary stones in the subject land. However, the second respondent has not considered the said representation till date.

4. Heard both sides and perused the materials available on record.

5. Since this writ petition is filed for Mandamus simpliciter, to direct the third respondent to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the second respondent to consider the representation of the petitioner dated 24.11.2023, after giving notice to the petitioner as well as rival claimants/interested parties/aggrieved parties/objectors/adjacent owners of four boundaries of the subject land if any, as the case may be, after conducting enquiry into the matter and pass appropriate orders on merits and in accordance with law, if no final orders is passed till date. 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.

6. With the above directions, this Writ Petition is disposed of. There Pg.Nos.3/5

shall be no order as to costs.

20.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Thalaivasal Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Thalaivasal Taluk, Salem District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 20.03.2024 Pg.Nos.5/5