Partly allowed

H.Gomathi v. The District Collector

Madras HC22 Oct 2021WP/22682/2021

Case brief

AI extract

What is this about?

In this Writ Petition, the petitioner sought a Mandamus directing the second respondent to consider representations regarding encroachment and direct the third respondent to measure and demarcate her property. This Court, without adjudicating merits, directed the second respondent to dispose of representations within twelve weeks affording due hearing before passing orders on merits.

What did the court decide?

Directed the second respondent to consider representations within twelve weeks, afford hearing to parties, and pass appropriate orders on merits.

H.Gomathi Vs The District Collector — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.10.2021

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CORAM:

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

W.P.NO.22682 OF 2021

H.Gomathi

.. Petitioner

Versus

The District Collector, Thiruvallur District, Thiruvallur – 602 001.

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The Tahsildar, Ponneri Taluk, Thiruvallur District – 601 204.

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The Head Surveyor, (Deputy Inspector of Survey), Ponneri Taluk, Thiruvallur District – 601 204.

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.. Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to consider the representations of the petitioner dated 21.12.2020 and 02.09.2021 and issue necessary orders to the 3^rd respondent to measure the schedule mentioned property in metes and bounds and lay corner stones to demarcate petitioner's property.

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ORDER

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This Writ Petition is filed for issuance of a Writ of Mandamus directing the second respondent to consider the representations of the petitioner dated 21.12.2020 and 02.09.2021 and issue necessary orders to the 3^rd respondent to measure the schedule mentioned property in metes and bounds and lay corner stones to demarcate petitioner's property.

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https://hcservices.ecourts.gov.in/hcservices/

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The case of the petitioner is that the property situated at Registration District of North Chennai, Sub-Registration District of Gummidipoondi, No.14, Seliambedu Madhura, Pallipalayam Village, Ponneri Taluk, Thiruvallur District, Patta No.264 in Survey No.511/14B remains unencumbered in any manner. It is stated that the neighbours of the petitioner are trying to encroach the said property. Hence, the petitioner approached the Revenue Authorities in this regard. It is further stated that petitioner's husband submitted a requisition letter to the second respondent on 21.12.2020 to issue necessary direction to the third respondent to measure the land of the petitioner. Since there was no action on the part of the third respondent, the petitioner again submitted a requisition letter to the second respondent on 02.09.2021 to issue necessary direction to the third respondent. The grievance of the petitioner is that though two representations were made to measure the petitioner's land, no steps have been taken on the side of the respondents to measure the lands. Aggrieved by the same, the petitioner filed this present Writ Petition.

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Learned counsel for the petitioner submitted that the petitioner has been deprived of her rightful entitlement and the act of second and third respondents warrants interference of this Court.

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Learned Government Advocate appearing for the respondents submitted that this Court may direct the second respondent to dispose of the petitioner's representations dated 21.12.2020 and 02.09.2021 and the same may be disposed of by the second respondent within a stipulated time.

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Without expressing any opinion on the merits of the petitioner's case, this Court directs the second respondent to consider the petitioner's representations dated 21.12.2020 and 02.09.2021 and after affording sufficient opportunities to the parties of being heard, pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

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With the above directions, this Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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bkn

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https://hcservices.ecourts.gov.in/hcservices/

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To 1. The District Collector, Thiruvallur District, Thiruvallur – 602 001. 2. The Tahsildar, Ponneri Taluk, Thiruvallur District – 601 204. 3. The Head Surveyor, (Deputy Inspector of Survey), Ponneri Taluk, Thiruvallur District – 601 204. +5ccs to M/s.G.Gopala Krishnan, Advocate, S.R.No.54278 +1cc to the Government Pleader, S.R.No.55054

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W.P. No.22682 of 2021

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VSNII(CO) RLP(31/01/2022)

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https://hcservices.ecourts.gov.in/hcservices/

H.Gomathi v. The District Collector

Case brief

What is this about?

What did the court decide?

H.Gomathi v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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