P.Padmani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Padmani Petitioner(s) Vs 1.The District Collector, Villupuram District, Villupuram.
2.The Tahsildar, Gingee Taluk, Villupuram District.
3.K.Periyannan Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents, particularly the 2nd respondent to measure and fix the boundary of the property situated at Konai village, Gingee Taluk, Villupuram District, comprised in S.No.303/1D1-0.23.50 ares (0.17 cents) to identify the encroachment made by the 3rd respondent on the basis of the petitioner's representation dated 01.04.2025. For Petitioner(s) : Mr.R.Thanjan For Respondent(s) : Mr.P.Sathish 1 & 2 Additional Government Pleader 1/6
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 3rd respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the 2nd respondent to measure and fix the boundary of the property situated at Konai village, Gingee Taluk, Villupuram District, comprised in S.No.303/1D1-0.23.50 ares (0.17 cents) to identify the encroachment made by the 3rd respondent on the basis of the petitioner's representation dated 01.04.2025.
3. It is submitted by the learned counsel for petitioner that petitioner is the absolute owner of the property comprised in Survey No.303/1D1 measuring an extent of 0.23.50 ares (0.17 cents) by virtue of Settlement deed dated 16.10.2024 registered as Document No.4105 of 2024, before the SRO, Gingee. It is stated that the petitioner submitted an application to the respondents to measure and fix boundary lines in respect of petitioner's property and has also paid the appropriate fees on 20.11.2024. Thereafter, the petitioner submitted another 2/6
representation on 01.04.2025 to the respondents, however the respondents have not considered the representation/ application till date. Aggrieved, petitioner has filed this writ petition.
4. Mr.P.Sathish, learned Additional Government Pleader for respondents pointed out that the petitioner has not taken out any on-line application seeking survey and would further submit that if any such application is made, the same would be considered and orders would be passed by the respondents within the time frame to be fixed by this Court.
5. On this being pointed out, the learned counsel for petitioner would submit that she would take out an online application seeking survey of property comprised in Survey No.303/1D1.
6. In view thereof, it is open to the petitioner to take out an online application seeking survey of her property comprised in Survey No.303/1D1. If any such application is taken out by the petitioner, the appropriate respondent shall consider the same, carry out survey and complete the process within a period of 8 weeks from the date of receipt of a copy of this order after giving prior notice and reasonable opportunity of hearing to the petitioner, 3rd respondent, adjacent land owners and other interested parties including rival 3/6
claimants, if any. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 11.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Villupuram District, Villupuram.
2.The Tahsildar, Gingee Taluk, Villupuram District.
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MOHAMMED SHAFFIQ, J.
mka 11.06.2025 6/6