Madras High Court
D.Saroja vs The District Collector on 3 September, 2021
W.P.No.18105 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN
W.P. No.18105 of 2021
D.Saroja .. Petitioner
Versus
1. The District Collector,
Cuddalore District,
Cuddalore.
2. The Sub-Collector,
Virudhachalam.
3. The Revenue Thasildar,
Veppur, Cuddalore District.
4. Rani .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider and
pass orders on the representation dated 14.08.2021 seeking measurement of the
land as per the description of the boundaries of the petitioner's properties situate
in S.No.142/4, to an extent of about 0.51.0 Hectare, S.No.142/5 to an extent of
about 0.70.0 Hectare and S.No.142/16 to an extent of about 0.80.0 Hectare, of
Kachimailur Village, Veppur Division, Cuddalore District, on merits and as per
law, within a time to be stipulated by this Hon'ble Court.
http://www.judis.nic.in
W.P.No.18105 of 2021
For Petitioner : Mr. L.Chandrakumar
For Respondent : Mr. Yogesh Kannadasan,
Government Advocate.
O RD E R
This writ petition is filed for issuance of a writ of mandamus directing the
respondents 1 to 3 to consider and pass orders on the representation dated
14.08.2021, seeking measurement of the land as per the description of the
boundaries of the petitioner's properties situated in S.No.142/4, to an extent of
about 0.51.0 Hectare, S.No.142/5 to an extent of about 0.70.0 Hectare and
S.No.142/16 to an extent of about 0.08.0 Hectare, of Kachimailur Village,
Veppur Division, Cuddalore District.
2. The case of the petitioner is that she is in possession and enjoyment of
the lands situated in S.No.142/4, to an extent of about 0.51.0 Hectare,
S.No.142/5 to an extent of about 0.70.0 Hectare and S.No.142/16 to an extent
of about 0.08.0 Hectare, of Kachimailur Village, Veppur Division, Cuddalore
District. The above said lands were derived by the petitioner through her
ancestral means. It is stated that the fourth respondent illegally took possession
of the 30 cents in the corner of the above said land and put up a temporary
http://www.judis.nic.in
W.P.No.18105 of 2021
thatched hut and causing disturbance to the petitioner. Hence, the petitioner
made a representation to the Revenue Authorities for measuring her land. It is
stated that on 15.06.2020, the authorities measured the property and left
without any intimation since no boundaries were marked by pitching of the
boundary stones. The petitioner again made representations to the authorities to
measure and mark the boundaries. It is stated that despite various
communications, nothing had taken place and therefore, the petitioner made her
final reminder to the authorities on 14.08.2021. Since no action was taken by
the authorities, left with no other alternate remedy, the petitioner filed this
present writ petition.
3. Learned counsel for the petitioner submitted that the official
respondents being a quasi-judicial authority are bound in law to act in a fair and
reasonable manner. Though the petitioner remitted the requisite amount twice
towards measurement and marking of boundaries, the official respondents have
not responded to the same. Hence, the learned counsel for the petitioner seeks to
direct the respondents 1 to 3 to consider and pass appropriate orders on the
petitioner's representation dated 14.08.2021.
http://www.judis.nic.in
W.P.No.18105 of 2021
4. Learned Government Advocate appearing for respondents 1 to 3
submitted that when the authorities went to the said property on 20.07.2021, for
measuring the said property, one Rani W/o. Shanmugam objected to measure
the same and in order to avoid law and order situation, the officials returned
without measuring the property. The learned Government Advocate further
submitted that the said Rani filed a suit in O.S. No.55 of 2021, before the
District Munsif Court, Thittakudi, by impleading the District Collector,
Cuddalore, Revenue Tahsildar and the petitioner as party to the said suit. On
14.08.2021, the third respondent conducted peace talk and accordingly, the
petitioner had agreed for measuring the property on the basis of the judgment
and decree to be passed in the suit. Hence, the authorities could not measure the
land.
5. On considering the facts and circumstances of the case and the
submissions made by both counsel, it is seen that the petitioner seeks only to
dispose her representation dated 14.08.2021, which will be helpful for the
petitioner to proceed further in this issue. Hence, this Court directs the third
respondent to consider and pass appropriate orders on the representation of the
petitioner dated 14.08.2021, on the above stated facts. after affording an
opportunity to the petitioner of being heard, within a period of four weeks from
http://www.judis.nic.in
W.P.No.18105 of 2021
the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
03.09.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
To
1. The District Collector,
Cuddalore District,
Cuddalore.
2. The Sub-Collector,
Virudhachalam.
3. The Revenue Tahsildar,
Veppur, Cuddalore District.
http://www.judis.nic.in
W.P.No.18105 of 2021
V. BHAVANI SUBBAROYAN, J.,
bkn
W.P. No.18105 of 2021
03.09.2021
http://www.judis.nic.in
