S.Pathravathi, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2018
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.18410 of 2018 S.Pathravathi ... Petitioner Vs.
1. The District Collector, Office of the District Collector,
2. The Superintendent of Police, Office of the Superintendent of Police,
3. The Tahsildar, Office of the Tahsildar, Madurai West Taluk,
4. The Firka Surveyor, Madurai Firka, Madurai West Taluk, Dindigul District.
5. The Inspector of Police, Nagamalaipudhukottai Police Station,
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents No.2 and 4 to survey the petitioner's land comprised in survey No.3 and 4 to survey the land belonged to Lala Sri Renga Chathiram comprised in survey No.5/4, 10/6, 10/9, 13/2 and 13/1B situating at Achampatthu village and demarcate the four boundaries of the same within the time stipulated by this Court consequently directing the respondent Nos.2 and 5 to provide adequate police protection to authorities at the time of surveying the land.
For Petitioner : Mr.S.Malaikani For Respondents : Mr.M.Jeyakumar Addl. Govt. Pleader
O R D E R
The prayer sought for in this writ petition is as follows:- "To issue a Writ of Mandamus directing the respondents Nos.2 and 4 to survey the petitioner's land comprised in survey Nos.3 and 4 to survey the land belonged to Lala Sri Renga Chathiram comprised in survey Nos.5/4, 10/6, 10/9, 13/2 and 13/1B situating at Achampatthu village and demarcate the four boundaries of the same within the time stipulated by this Court, consequently directing the respondent Nos.2 and 5 to provide adequate police protection to authorities at the time of surveying the land."
2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner requested this Court to permit the petitioner to submit a fresh representation to the respondents 3 and 4 and on such representation is being made afresh, the same may be ordered to be considered by the respondents.
3.In view of the limited prayer as sought by the learned counsel appearing for the petitioner, the writ petition is disposed of with the following directions:- (i) The petitioner is directed to submit a fresh representation to the respondents 3 and 4 within a period of one week from the date of receipt of a copy of this order.
(ii) On such representation is being made within the time stipulated by this Court, the respondents 3 and 4 are directed to pass orders on merits and in accordance with law, after giving opportunity of personal hearing to the petitioner as well as the any other interested parties, within a period of four weeks thereafter. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-IV) To
1. The District Collector, Office of the District Collector,
2. The Superintendent of Police, Office of the Superintendent of Police,
3. The Tahsildar, Office of the Tahsildar, Madurai West Taluk,
4. The Firka Surveyor, Madurai Firka, Madurai West Taluk, Dindigul District.
5. The Inspector of Police, Nagamalaipudhukottai Police Station, + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 90418 + 1 CC TO Mr.S.MALAI KANI, ADVOCATE IN SR No. 90156 SKN TE/PM/SAR-4 : 19/11/2018 : 3P/8C W.P.(MD)No.18410 of 2018 11.10.2018