Karpagavalli v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Karpagavalli ... Petitioner Vs

1. The District Collector, Tuticorin, Tuticorin District.

2. The Thazildar, Sathankulam, Tuticorin District.

3. The Firka Surveyor, Pallakuruchi, Komadikottai, Tuticorin District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent to give appropriate direction to the 2nd and 3rd respondent to consider the petitioner's representation dated 19.09.2024 and consequently, survey the petitioner's land to measure and demarcate and fixing the boundary as per

the sale deed, vide Doc. No.1263/2011, Survey No.261/2A situated at Sathankulam Taluk, Komadikottai Village, Tuticorin District, within time frame fixed by this Court.

For Petitioner :

M/s.K.M.Priscilla Jancy For Respondents :

Mr.D.S.Nedunchezhian Government Advocate

ORDER

This writ petition is filed for a mandamus, to direct the respondents to survey the petitioner's land to measure and demarcate and fixing the boundary as per the sale deed, vide Doc. No.1263/2011, Survey No.261/2A situated at Sathankulam Taluk, Komadikottai Village, Tuticorin District, based on her representation dated 19.09.2024.

2. The litigants who do not like standing in the queue are unscrupulously invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, to fast forward their applications for surveying their lands out of turn. This is the case where the petitioner has sent a representation on 19.09.2024 and has

immediately filed this writ petition on 23.09.2024, alleging that from the date of registration, the petitioner has been approaching the respondents 2 and 3 and despite the long hurdle, they have not taken any appropriate action on her representation which has been sent on 19.09.2024. The petitioner has paid the fees on 19.09.2024 and has not even received back the acknowledgment for her representation dated 19.09.2024, which she has sent by the registered post. The writ petition has abused the process of law, therefore, I am not inclined to entertain this petition.

3. Accordingly, this Writ Petition stands dismissed. However, the dismissal of the petition will not procured the respondents from processing the application sequentially and in the order of its registration. No costs.

27.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes jbr

P.T.ASHA, J.

jbr To

1. The District Collector, Tuticorin, Tuticorin District.

2. The Thazildar, Sathankulam, Tuticorin District.

3. The Firka Surveyor, Pallakuruchi, Komadikottai, Tuticorin District.

27.09.2024