Madheswari Vs the District Collector

4.The Head Surveyor, Karaikurichi Pudur, Namakkal Taluk, Namakkal District 5.KATHIRAVAN, S/o.Varutharaaji Udayar, Res.At Therku Thottam, Karakurichi Village, Namakkal Taluk And District

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..Respondent(s)

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directing the 2nd respondent to consider the application made by

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the petitioner dated 2.1.2025 by providing an opportunity of personal hearing and consequently direct the 2nd respondent to survey the land comprised in S.No.50/6A, 50/6B, 51/1A, 49/10B, and 51/1B situated in Karaikurichi village,

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WP No. 45820 of 2025

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Namakkal Taluk and Namakkal District within a time frame

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For Petitioner(s): Ms. Aishwarya M/s.Sarvabhauman Associates For Respondent(s): Mr D. Ravichandar,SGP (R1 to R4)

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ORDER

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This writ petition has been filed for a mandamus to direct the second

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respondent to consider the petitioner’s application dated 02.01.2025 requesting

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for survey and demarcation of her properties morefully described in the prayer

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to this writ petition.

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According to the petitioner, eventhough she had submitted an

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application seeking survey and demarcation of the boundaries of the subject

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property as early as 02.01.2025, the same has not been considered by the

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official respondents till date.

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Mr.D.Ravichander, learned Special Government Pleader, accepts

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notice on behalf of the respondents 1 to 3, and submits that in respect of one of

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the subject properties, the suit has already been decreed against the petitioner. Therefore, the request of the petitioner to survey and demarcate the boundaries of the properties morefully described in the prayer to this writ petition has been

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rejected, which has also been communicated to the petitioner under the RTI Act.

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The learned counsel for the petitioner submits that while rejecting the

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request of the petitioner, the principles of natural justice has been violated as the petitioner was not granted an opportunity of personal hearing to prove that other properties of the petitioner are not the subject matter of the suit excepting for one.

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No prejudice will be caused to the official respondents if they are

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directed to consider the application dated 02.01.2025 submitted by the

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petitioner, after giving an opportunity of personal hearing to her as to why there is no legal bar for the official respondents to survey and demarcate the boundaries of the properties morefully described in the prayer to this writ

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petition. Accordingly, this writ petition is disposed of in the following

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manner:-

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(a) The petitioner is directed to submit a fresh representation to the fourth

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respondent stating as to why there is no legal bar for the fourth respondent to survey and demarcate the boundaries pertaining to the properties morefully described in the prayer to this writ petition, within a period of one week from

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the date of receipt of a copy of this order.

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(b) On receipt of such representation, after giving due consideration to the

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same, and if need be, after hearing the objections from the neighbouring land

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owners, the fourth respondent is directed to first decide as to whether the properties in question are permissible for survey and demarcation of the boundaries; and if found permissible, the fourth respondent shall conduct survey

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and demarcate the boundaries of the petitioner’s properties morefully described

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in the prayer to this writ petition.

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(c) The fourth respondent is directed to complete the aforesaid exercise

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within a period of 12 weeks from the date of receipt of a fresh representation

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from the petitioner.

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No Costs.

01-12-2025

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKM

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To

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1.The District Collector, Collectorate Office, Namakkal District 2.Revenue Divisional Officer, Karaikurichi Pudur, Namakkal Taluk, Namakkal District 3.TAHSILDAR, Karaikurichi Pudur, Namakkal Taluk, Namakkal District 4.The Head Surveyor, Karaikurichi Pudur, Namakkal Taluk, Namakkal District

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ABDUL QUDDHOSE, J.

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RKM

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