Ezhilarasi, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.2504 of 2018 Ezhilarasi W/o.V.Ramasamy .. Petitioner Vs.

1.The District Collector Namakkal District 2.The District Revenue Officer Namakkal District 3.The Revenue Divisional Officer 4.The Tashildar 5.The Assistant Director 6.The Regional Deputy Director Office of Colectorate Coimbatore.

7.The Deputy Taluk Surveyor Office of Tahsildar 8.The Field Surveyor

9.The Village Administrative Officer Namakkal Taluk, Namakkal District.

10. Karthick S/o.Periyasamy ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider petitioner's representation dated 05.12.2017.

For Petitioner : Mr.N.Ponraj For Respondents : Mr.E.Balamurugan Additional Government Pleader for R1 to R8

O R D E R

Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondents 1 to 9. Since this writ petition is being disposed of, without affecting the interest of the 10th respondent, by passing a positive order against him, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the respondents 1 to 4 to consider her representation dated 05.12.2017, wherein and whereby, she sought for re-measuring the subject matter property.

3. According to the petitioner, the measurement made behind her back at the instance of the tenth respondent, by the Survey Officials is not correct and on the other hand, a portion of the property belonging to the petitioner was also measured, as though that of the property belonging to the tenth respondent. Therefore, the petitioner seeks for re-measurement of the land once again.

4. Admittedly, measurement was done by the Survey Officials and the petitioner is aggrieved against such measurement. He objected the same, by making his representation on 05.12.2017, to the concerned Revenue Officials, including the third respondent herein the Revenue Divisional Officer, Namakkal. Though the petitioner is seeking for re-measurement, as the measurement was already done, which according to the petitioner was erroneous, it is for the third respondent to consider the said request of the petitioner as an appeal filed by her and pass orders on the same on merits and in accordance with law,

after hearing the petitioner as well as the tenth respondent. Therefore, this Court, without expressing any view on the claim made by the petitioner, is inclined to issue a direction to the third respondent to dispose the representation filed by the petitioner, by treating it as the appeal after giving due opportunity of hearing to the petitioner and the tenth respondent on merits and in accordance with law. Such exercise shall be done by the third respondent, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of, accordingly. No costs.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector Namakkal District, Namakkal.

2.The District Revenue Officer Namakkal District, Namakkal.

3.The Revenue Divisional Officer 4.The Tashildar 5.The Assistant Director 6.The Regional Deputy Director Office of Colectorate Coimbatore.

7.The Deputy Taluk Surveyor Office of Tahsildar

8.The Field Surveyor 9.The Village Administrative Officer Namakkal Taluk, Namakkal District.

+1cc to the Government Pleader SR.No.9388 +1cc to Mr.N.Ponraj Advocate SR.No.9860 W.P.No.2504 of 2018 SDR 20.02.2018