Anandhi v. The District Collector
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WMP Nos.10554 & 10549 of 2025 Anandhi Petitioner(s) Vs
1. The District Collector District Collector Office, Dharmapur District 636 705 2.The Tahsildar Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District 636 701 3.The Head Surveyor Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District 636 701 4.Xavier Selvanathan Respondent(s)
2/8 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 28.02.2025 in Na Ka no. 37/2025/A1 passed by the 2nd respondent and quash the same as illegal and consequently direct the 2nd and 3rd respondent authority not to conduct any survey for the property ie., Manavari Punjai land comprised in K. Naduhalli Village Survey No. 31/3 admeasuring an extent of 0.35.30 hectare or 88 cents in the K. Naduhalli Ravenue Village of Dharmapuri Taluk in the Dharmapuri District pending disposal of A S No. 18/2023 on the file of the Principal Sub Judge, Dharmapuri. For Petitioner(s):
Mr.S.Velmurugan For Respondent(s): Mr.A.Selvendran Special Government Pleader for R1 to R3 K.S.Advocates for R4
ORDER
This writ petition has been filed challenging the impugned proceedings of the 2 nd respondent dated 28.02.2025 and for a consequential
3/8 direction to the 2 nd and 3 rd respondents not to conduct any survey in the subject property.
2.Heard Mr.S.Velmurugan, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 3 and K.S.Advocates, appearing on behalf of the 4 th respondent.
3.The impugned proceedings dated 28.02.2025 has been issued by the 2 nd respondent pursuant to the earlier order passed by this Court in W.P.No.39108 of 2024 dated 20.12.2024 that was filed by the 4 th respondent herein.
4.The grievance of the petitioner is that this Court had specifically directed the 2 nd respondent to conduct an enquiry and consider the objections and thereafter take a decision with respect to the survey of the
4/8 subject property, but however, the same was not done. 5.When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of respondents 1 to 3 submitted that the order passed by this Court in the earlier writ petition in W.P.No.39108 of 2024 has been strictly complied with and the enquiry was conducted by calling both the parties. It will be more beneficial to extract the relevant portions in the written instructions received from the 2 nd respondent hereunder:
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6/8 6.In the light of the above stand taken by the 2 nd respondent, there is no scope for interfering with the impugned proceedings of the 2 nd respondent dated 28.02.2025. If at all the petitioner is aggrieved, it is left open to the petitioner to workout her remedy in the manner known to law. 7.In the result, this writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. 24-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
7/8 To
1. The District Collector District Collector Office, Dharmapur District 636 705 2.The Tahsildar Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District 636 701 3.The Head Surveyor Dharmapuri Taluk Office, Dharmapuri Taluk, Dharmapuri District 636 701
8/8 N.ANAND VENKATESH J.
ssr WMP Nos.10554 & 10549 of 2025 24-03-2025