K.Malar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2024

CORAM:

THE HON'BLE MR. JUSTICE M. SUNDAR AND THE HON'BLE MR. JUSTICE K. RAJASEKAR K. Malar Petitioner vs.

1.

The District Collector Namakkal Office of the District Collector Namakkal District 637 003 The Revenue Divisional Officer Namakkal Taluk Namakkal District The Block Development Officer Namakkal Panchayat Union Namakkal District The Tahsildar Namakkal Taluk Namakkal District The President Panchayat Union Vittamanaickenpatti Panchayat Namakkal District 6.

Karthika Respondents Writ Petition filed under Article 226 of the Constitution of India 1/6

seeking a writ of mandamus directing the first responent to dispose of the petitioner's representation dated 26.02.2024 pending on the file of the first respondent in accordance with law.

For petitioner Mr. M. Jaikumar For RR 1,2 & 4 Mr. T.K. Saravanan Government Advocate For RR 3 & 5 Mr. E. Vijay Anand Additional Government Pleader

ORDER

(made by M. SUNDAR, J.) Captioned 'writ petition' (for brevity 'WP') has been filed with a mandamus prayer qua a representation dated 26.02.2024 sent by the writ petitioner to first respondent (District Collector, Namakkal). Mr. M. Jai Kumar, learned counsel for writ petitioner, submits that there is encroachment in a stream, i.e., 'survey nos.107,108,111, 62, 63, 65, 97, 98 and 147 in Vittamanaickenpatti Village, Namakkal Taluk, Namakkal District' (for the sake of convenience and clarity 'said property'). It is the specific case of the writ petitioner that survey has been 2/6

conducted with regard to three of the aforementioned survey numbers, viz., 107,108 and 111 but the encroachments in other survey numbers, viz., 62, 63, 65, 97, 98 and 147, have been suppressed. This, in sum and substance, is the aforementioned representation dated 26.02.2024 of the writ petitioner. Learned counsel for writ petitioner reiterates the above and submits that there is discrimination qua writ petitioner. Issue notice to official respondents.

6.

Mr. T.K. Saravanan, learned Government Advocate, accepts notice for respondents 1,2 and 4. Mr. E. Vijay Anand, learned Additional Government Pleader, accepts notice for respondents 3 and 5. 7.

Learned State counsel for respondents 1, 2 and 4, submits, on instructions, that survey will be conducted for remaining other survey numbers also and learned State counsel adds that survey has already been completed as regards Survey Nos.107,108 and 111. 8.

We make it clear that all the rights and contentions of 3/6

respondent no.6 (private respondent) stand preserved as regards survey of remaining survey numbers. In this view of the matter, main WP is taken up in the admission board itself, with the consent of learned counsel on both sides.

9.

In the light of the narative thus far, we deem it appropriate to dispose of the captioned main WP recording the stated position of the learned State counsel with a rider that all the rights and contentions of respondent no.6 (private respondent) will remain preserved qua survey and further action, if any and if that be so.

Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (K.R.S., J.) 12.12.2024 Index : Yes/No NC : Yes/No cad 4/6

To 1.

The District Collector Namakkal Office of the District Collector Namakkal District 637 003 The Revenue Divisional Officer Namakkal Taluk Namakkal District The Block Development Officer Namakkal Panchayat Union Namakkal District The Tahsildar Namakkal Taluk Namakkal District The President Panchayat Union Vittamanaickenpatti Panchayat Namakkal District 5/6

M. SUNDAR, J.

and K. RAJASEKAR, J.

cad 12.12.2024 6/6