Lalitha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR Lalitha ... Petitioner Vs.
1. The District Collector, Trichy District, Trichy.
2. The Tahsildar, Thiruverumbur Taluk, Trichy District.
3. The Pirka Surveyor, Thiruverumbur Taluk, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 27.09.2019 ie., to measure the petitioner's land in Survey No.288/2 and 232/3A1, which is total extended of 81 cents situated at Valavanthan Kottai Village, Thiruverumbur Taluk, Trichy District. For Petitioner : Mr.S.Ramesh Babu For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.
ORDER
Mr.S.Ramesh Babu, learned counsel on record for writ petitioner is before this Court.
2. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, accepts notice on behalf of all respondents.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 27.09.2019 wherein writ petitioner has sought measurement, survey / fixing of boundaries of piece of land which according to writ petitioner belongs to her. Writ petitioner undertakes to pay prescribed fee and necessary charges in this regard, if not already paid.
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5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 27.09.2019, details of which have been alluded to supra.
6. Learned State counsel submitted that the second respondent is the authority who shall consider the aforementioned representation dated 27.09.2019 made by the writ petitioner (page No.7 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 27.09.2019 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
9. The proceeding / order of disposal shall be communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To
1. The District Collector, Trichy District, Trichy.
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2. The Tahsildar, Thiruverumbur Taluk, Trichy District.
3. The Pirka Surveyor, Thiruverumbur Taluk, Trichy District.
+1 CC to Mr.S.RAMESH BABU, Advocate ( SR-94526[F] dated 25/10/2019 ) 25.10.2019 ps MK (04.11.2019) 3P 5C 3/3