Rajeswari v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 09.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25441 of 2022 Rajeswari ..Petitioner Vs 1.The District Collector, Office of the District Collector, Dindigul District.
2.The Tahsildar, Vedasandur, Dindigul District.
3.The Surveyor, Land Survey office, Vedasandur Firka, Dindigul District.
4.The Inspector of Police, Vedasandur Police Station, Dindigul District.
5.R.Veerasamy ..Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 and 3 to take appropriate action for surveying the Petitioner's land and fixing the boundary stones in the Petitioner's land situated in S.Nos. 537/2B, 538/1, 538/2, 541/9 measuring an extent of 3 acre 17 cents at V.Puthukkottai Village, Vedasandur Taluk, Dindigul District and consequently to direct the fourth respondent to provide police protection for survey and fixing the boundary stone in the Petitioner's land and
proceed with the same as per law within the time frame fixed by this Court.
For Petitioner :Mr.R.Venkatesan For Respondents:Mr.D.Gandhiraj 1 to 3 Special Govt.Pleader For Respodnent-4 :Mr.B.Thanga Aravindh Govt.Advocate(Crl.Side)
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 2 and 3 to take appropriate action for surveying the Petitioner's land and fixing the boundary stones in the Petitioner's land situated in S.Nos.537/2B, 538/1, 538/2, 541/9 measuring an extent of 3 acre 17 cents at V.Puthukkottai Village, Vedasandur Taluk, Dindigul District and consequently to direct the fourth respondent to provide police protection for survey and fixing the boundary stone in the Petitioner's land and proceed with the same as per law within the time frame fixed by this Court.
2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.B.Thanga Aravindh, learned Government Advocate(Crl.Side) takes notice for the fourth respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The case of the Petitioner is that the Petitioner is having the above
said properties purchased from one Veerasami, son of Arumugam and now the Petitioner wanted to survey the above said properties and hence submitted a representation on 10.09.2022 to the third respodnent for surveying and fixing of boundary stones and on 29.9.2022 the third respondent issued a certificate in this regard.Due to the threat from the fifth respondent, the Petitioner is unable to survey the land and thereafter, on 3.10.2022 the Petitioner's husband made a representation to the fourth respondent to provide police protection for survey of the above said lands. Since no action was taken,the Petitioner has filed this Writ Petition for the relief stated supra.
4.The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the Petitioner's representation will be considered and appropriate orders will be passed within the time limit prescribed by this Court.
5.In view of the above said submission, this Court,without going into the merits of the matter, directs the second respondent to consider the representation of the Petitioner, dated 10.09.2022 submitted for surveying and demarcating the Petitioner's above properties and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, with police protection, if needed, on payment of necessary charges by the Petitioner,
within a period of four weeks from the date of receipt of a copy of this order.
6.With the above directions, the Writ Petition stands disposed of. No costs.
09.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Office of the District Collector, Dindigul District.
2.The Tahsildar, Vedasandur, Dindigul District.
3.The Surveyor, Land Survey office, Vedasandur Firka, Dindigul District.
4.The Inspector of Police, Vedasandur Police Station, Dindigul District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25441 of 2022 09.11.2022