Madras High CourtWP(MD)/25312/2022disposed of

Pandiammal v. The District Collector

2022-11-08Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25312 of 2022 Pandiammal ..Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.

2.The Special Tahsildar(Adi Dravidar Welfare), Nilakkottai, Dindigul District.

3.The Village Administrative Officer, Nilakkottai, Dindigul District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to conclude the survey and to demarcate the boundaries of the Petitioner's land comprised in Plot No.21, Survey No.351/3B,Nariyuthu Village, Nilakkottai Taluk, Dindigul District by considering the Petitioner's representation, dated 1.8.2022.

For Petitioner :Mr.N.Balakrishnan For Respondents:Mr.D.Gandhiraj 1 to 3 Special Govt.Pleader

0RDER The Petitioner has prayed for issuance of a Writ of Mandamus directing the second respondent to conclude the survey and to demarcate the boundaries of the Petitioner's land comprised in Plot No.21, Survey No.351/3B,Nariyuthu Village, Nilakkottai Taluk, Dindigul District by considering the Petitioner's representation, dated 1.8.2022. 2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1 to 3. 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 the owner of the above said lands, assigned by the second respondent, as she was an Adi Dravidar, doing Coolie work and patta was also issued to her under Adi Dravidar Welfare Scheme and she is in occupation of the same.

In the meanwhile, the adjacent land owners tried to encroach the above said property and hence she wants to put fence the said property by demarcating the same. In this regard, the Petitioner has given a representation to the second responent on 1.8.2022 to survey and fix the four boundaries of the said land. Since the same was not done till date, the Petitioner has come forward with 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 dated 1.8.2022 will be considered by the authorities concerned and appropriate orders will be passed, as per law, within the time limit specified by this Court.

5.In view of the above submission, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the Petitioner, dated 01.08.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned,within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

08.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Dindigul District, Dindigul.

2.The Special Tahsildar(Adi Dravidar Welfare), Nilakkottai, Dindigul District.

3.The Village Administrative Officer, Nilakkottai, Dindigul District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25312 of 2022 08.11.2022