N.Periyasamy Gounder v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI N.Periyasamy Gounder Son of Nachimuthu Gounder ... petitioner Vs.
1.
The District Collector Tiruppur District.
2.
The Revenue Divisional Officer Tiruppur District.
3.
The Tahsildar Kangeyam Taluk Tiruppur District.
4.
The Land Revenue Inspector Vellakoil Block, Kangeyam Taluk Tiruppur District.
5.
The Land Surveyor Vellakoil Block, Kangeyam Taluk Tiruppur District.
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6.
The Village Administrative Officer Rasathavalasu Village Vellakoil Block, Kangeyam Taluk Tiruppur District.
7.
The Inspector of Police Kangeyam Police Station Kangeyam Taluk.
8.
Thangamuthu S/o. Nachimuthu Gounder ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd respondent to survey the land situate at R.S.No.1212/5A measuring an extent of 0.86 cents and common cart track in R.S.No.957/5 an extent of 11.50 ares in Rasathavalasu Village, Kangeyam Taluk, Tiruppur District, to fix boundaries and to remove the encroachments in the same along with police protection by considering the petitioner's representation dated 07.12.2023. For Petitioner :
Mr.S.Arun Prasath For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R7
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'land situate in R.S.No.1212/5A measuring an extent of 0.86 Page Nos.2/9
cents or thereabouts which according to writ petitioner is common cart track in R.S.No.957/5, admeasuring an extent of 11.50 ares or thereabouts in Rasathavalasu Village, Kangeyam Taluk, Tiruppur District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.
2. Mr.S.Arun Prasath, learned counsel on record for writ petitioner, adverting to case file submits that writ petitioner has sent a 'representation dated 07.12.2023' {hereinafter 'said representation' for the sake of brevity, convenience and clarity} to R3 (jurisdictional Tahsildar i.e., Tahsildar, Kangeyam Taluk, Tiruppur District) inter alia with a request to survey, fix boundaries and remove encroachments. Therefore, whether there is encroachment is a question which will remain answered only after surveying and fixing of boundaries.
3. We deem it appropriate to say that considering the narrow scope of WP, captioned WP can be disposed of by ordering notice to official respondents i.e., R1 to R7.
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4. Issue notice to official respondents i.e., R1 to R7.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for respondents 1 to 7. To be noted, R8 (private respondent) is alleged encroacher according to writ petitioner.
6. With the consent of both sides, we take up the main WP owing to the limited legal perimeter of the captioned WP. As we are disposing of the main WP in the Admission Board with notice to official respondents, we shall be putting in a safety valve / adequate protection qua R8, who is alleged encroacher which will be set out infra.
7. In the light of the limited prayer as the writ petitioner has made out a prima facie legal right as his land is also the subject matter of survey, we dispose of captioned WP with a simple directive to R3 i.e., Tahsildar, Kangeyam Taluk, Tiruppur District to dispose of the said representation on its own merits and in accordance with law untrammeled by this order. This Court, for the sake of convenience and clarity, deems it appropriate to scan Page Nos.4/9
and reproduce said representation as placed before us and the same is as follows:
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7. Learned State counsel points out that as regards survey of said land, there are certain prescribed payments to be made. Learned counsel for writ petitioner, on instructions, submits that writ petitioner would make necessary payments as prescribed.
8. Third respondent shall put R8 on notice and give adequate opportunity to R8 before disposing of the said representation. This is a safety valve as already alluded to supra. When we say 'adequate opportunity', we do not refer to a personal hearing. Personal hearing will be at the discretion of R3 if it becomes necessary for disposal of said representation. As regards measurement and fixing boundaries, R3 shall take assistance of jurisdictional Surveyor and put both writ petitioner and R8 on notice regarding survey.
9. Aforementioned exercise shall be completed by R3 as expeditiously as the business of R3 would permit but in any event, within eight weeks from today i.e., by 06.08.2024. Proceedings disposing of said Page Nos.7/9
representation shall be communicated to writ petitioner as well as R8 by R3 within seven working days from the date of disposal under due acknowledgment.
10. Captioned WP disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 11.06.2024 Index : Yes / No Speaking / Non-speaking mk To 1.
The District Collector Tiruppur District.
2.
The Revenue Divisional Officer Tiruppur District.
3.
The Tahsildar Kangeyam Taluk, Tiruppur District.
5.
The Land Surveyor Vellakoil Block, Kangeyam Taluk Tiruppur District.
6.
The Village Administrative Officer Rasathavalasu Village Vellakoil Block, Kangeyam Taluk Tiruppur District.
7.
The Inspector of Police Kangeyam Police Station Kangeyam Taluk.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 11.06.2024 Page Nos.9/9