Rani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22447 of 2024 Rani
...Petitioner
Vs.
1.The District Collector Kallakuruchi District Kallakuruchi.
2.The Thasildhar O/o.Thasildhar Office Kallakuruchi Taluk Kallakuruchi District.
3.The Land Surveyor O/o. District Collector Kallakuruchi Taluk Kallakuruchi District.
4.The Village Administrative Officer O/o.Village Administrative Officer Indhili Village Kallakuruchi Taluk & District.
5.The Inspector of Police Chinnasalem Police Station Chinnasalem Kallakuruchi Taluk & District.
6.Muthuvel
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 & 3 survey, demarcate the petitioner land to fix boundaries, comprised in Old Survey No.50/2A, New Survey No.205/11 situated at Indhili Village, Kallakuruchi Taluk & District to an extent of 8 3⁄4 cents with the aid and protection of 5th respondent, forthwith petitioner's representation dated 02.02.2024. For Petitioner : Mr.T.Padmanabhan For Respondents : Mr.P.Sathish for R1 to R4 Additional Government Pleader Mr.S.Sugendran, for R5 Additional Public Prosecutor
O R D E R
The petitioner herein seeks a direction to the respondents 2 & 3 to survey the land in Old Survey No.50/2A, New Survey No.205/11 situated at Indhili Village, Kallakuruchi Taluk and District, by considering the representation dated 02.02.2024.
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2. According to the petitioner, she purchased the above mentioned land with an extent of 8 3⁄4 cents under sale deed dated 23.10.2020 and she has been in possession and enjoyment of the same. As seen from the representation of the petitioner, the sixth respondent and others attempted to interfere with her possession. In view of the dispute with regard to the land, the petitioner submitted a representation on 02.02.2024 requesting the respondents 2 & 3 to survey the land and fix boundaries.
3. It is also seen from the E-challan issued to the petitioner dated 20.01.2023, which is enclosed in the typed set of papers, the petitioner paid the survey charges to the respondents.
4. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents 1 to 4 and Mr.S.Sugendran, learned Additional Public Prosecutor takes notice for the fifth respondent.
5. The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the representation of the petitioner for surveying the land will be considered after issuing notice to the sixth respondent and other rival claimants.
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6. In view of the limited prayer made by the petitioner seeking surveying of the above mentioned land, without expressing opinion on the merits of the claim, this Court is inclined to issue a direction to the respondents 2 & 3 to consider the representation of the petitioner dated 02.02.2024 and pass final orders, after issuing notice to the sixth respondent and other interested parties, within a period of six weeks from the date of receipt of copy of this order.
7. With the above directions, this Writ Petition is disposed of. No costs.
07.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6
To 1.The District Collector Kallakuruchi District Kallakuruchi.
2.The Thasildhar O/o.Thasildhar Office Kallakuruchi Taluk Kallakuruchi District.
3.The Land Surveyor O/o. District Collector Kallakuruchi Taluk Kallakuruchi District.
4.The Village Administrative Officer O/o.Village Administrative Officer Indhili Village Kallakuruchi Taluk & District.
5.The Inspector of Police Chinnasalem Police Station Chinnasalem Kallakuruchi Taluk & District.
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S.SOUNTHAR , J.
dna W.P No.22447 of 2024 07.08.2024 6/6