R.Tamilselvi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Tamilselvi .. Petitioner Vs

1. The District Collector cum Administrative Judge Office of the District Collector Namakkal District.

2. The Tahsildar Namakkal Taluk.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents to consider the representation dated 11.4.2022 and consequently direct the respondents to earmark the cart-way track in Navani Village in Survey No.543.

For the Petitioner : Mr.S.Thankira For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) R.Tamilselvi, wife of Rajendran, a resident of No.2/144, Amman Nagar, Pudhuchathiram, has filed this writ petition for issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner dated 11.4.2022 and consequently to direct the respondents to earmark the cart-way track in Navani Village in Survey No.543.

2. Learned counsel appearing for the petitioner submitted that the petitioner has sent a letter dated 11.4.2022 to the first respondent, with a copy to the second respondent, agreeing to remove part of the encroachment measuring about 105 square metre made by her in Survey No.543 situate in Navani Village, Namakkal District at her own expense once the land is earmarked with measurements. Arguing so, learned counsel for the petitioner sought a direction on the respondents to measure the land in question to ascertain the portion of encroachment made by the petitioner.

3. At this juncture, learned State Government Pleader appearing for the respondents submitted that the second respondent will measure the land in question with the help of jurisdictional Surveyor within a week's time and if any encroachment is found, either it is by the petitioner or the other encroachers, the same will be removed thereafter as per law.

4. Recording the submission made by learned State Government Pleader, the writ petition is disposed of. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 13.04.2023 Index :

Yes/No Yes/No bbr To:

1. The District Collector cum Administrative Judge Office of the District Collector Namakkal District.

2. The Tahsildar Namakkal Taluk.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 13.04.2023