E.Sekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN E.Sekar ... Petitioner versus 1.The District Collector, The Office of the District Collectorate, Chengalpet - 603 002.

2.The Thasildhar, Chengalpet Taluk, Chengalpet - 603 002.

3.The Land Surveyor, The District Survey Office, Chengalpattu.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to survey the petitioner's land in S.No.11/2B and 10/3B2 situated in Sakthi Nagar 1 st Page No.1/6

Street, Allapaakam Village, Vallam Post, Chengalpet- 603 002, within the time frame as fixed by this Court.

For Petitioner :

Mr.S.Aravind Raj For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for respondents. With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has made an online application to the third respondent on 27.10.2023, seeking to conduct survey in respect of the subject properties, by paying requisite fees through e-challan on 27.10.2023 and 30.10.2023. Since the respondents have not considered the same till date, the present writ petition has been filed. Page No.2/6

3. Learned Special Government Pleader appearing for the respondents submitted that several applications of similar nature are pending for consideration and those applications will be considered in the order of seniority.

4. Heard both sides and perused the materials available on record.

5. Having regard to the submissions made by the learned counsel on either side, this Court, at this stage, is not expressing any view on the merits of the matter, as it is for the respondents 2 and 3 to consider and decide the same on merits and in accordance with law. Since this Writ Petition is only for a mandamus to consider the application, this Court directs the respondents 2 and 3 to consider the application of the petitioner dated 27.10.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as rival Page No.3/6

claimants/interested parties/adjacent owners of four boundaries of the subject properties, if any, within the stipulated time as stated in Circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

6. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

09.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page No.4/6

To 1.The District Collector, The Office of the District Collectorate, Chengalpet - 603 002.

2.The Thasildhar, Chengalpet Taluk, Chengalpet - 603 002.

3.The Land Surveyor, The District Survey Office, Chengalpattu.

Page No.5/6

P.VELMURUGAN, J.

ms 09.02.2024 Page No.6/6