Rajeswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Rajeswari W/o.Krishnan ... Petitioner versus 1.The District Collector, Namakkal District, Namakkal.

2.The Tahsildhar, Rasipuram Taluk, Namakkal District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents, particularly the second respondent by considering the petitioner's representation dated 15.12.2023, sent for survey and measurement of the petitioner's properties, situated at Aryagoundanpatti Village, Rasipuram Taluk, Namakkal District, comprised in Grama Natham S.No.37/18 (Old S.No.37/6) to an extent of 1173 sq.ft and Grama Natham S.No.37/16 (Old S.No.37/6) to an extent of 595 sq.ft., in all totalling to an extent of 1768 sq.ft and fix the boundaries of the subject properties as mentioned in Sale Deed vide Doc.No.841/2013, Pg.Nos.1/5

dated 13.05.2013 and Sale Deed Doc.No.2161/2019, dated 09.12.2019, SRO, Namagiripettai.

For Petitioners :

Mr.R.Thanjan For Respondents :

Mrs.V.Yamunadevi Special Government Pleader

O R D E R

Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for the respondents. By consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a mandamus directing the second respondents herein to consider the representation of the petitioner dated 15.12.2023, in and by which, she sought to survey, measure and fix the boundaries in respect of the subject properties. Since the said representation has not been considered till date, the present Writ Petition has been filed.

3. The learned Special Government Pleader appearing for respondents submitted that the second respondent may be directed to consider the Pg.Nos.2/5

petitioner's representation and pass orders on merits in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 15.12.2023 and pass appropriate orders, on merits and in accordance with law, after giving notice to the petitioner, adjacent owners of four boundaries of the subject properties and interested parties/rival claimants, and after conducting enquiry, within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023.

5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

05.01.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5

To 1.The District Collector, Namakkal District, Namakkal.

2.The Tahsildhar, Rasipuram Taluk, Namakkal District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 05.01.2024 Pg.Nos.5/5