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Madras High CourtWP/2961/2025allowed

M.Jaya v. The District Collector

2025-01-31Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA M.Jaya

...Petitioner

Vs.

1.The District Collector District Collector Office Kanchipuram District.

2.The Tahsildar Sriperumbudur Taluk Office Kanchipuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 to issue a Writ of Mandamus directing the second respondent to survey and measure the petitioner's field boundaries comprised in Survey No.417/2 situated at Santhavellur 'C' Village, Sriperumbudur Taluk, Kanchipuram District in pursuance of the petitioner's E-challan No.2024/0123/03/004054 and pass orders to consider in the light of the representation dated 30.09.2024 within the time limit stipulated by this Court, in this regard. 1/5

For Petitioner :

Mr.V.Saravanan For Respondent :

Mr.A.Selvendran Special Government Pleader

ORDER

The above writ petition has been filed seeking a mandamus to the second respondent to consider the petitioner's online application dated 30.9.2024.

2. The case of the petitioner is that the subject property in Survey No.417/2, at Santhavellur 'C' Village, Sriperumbudur Taluk, Kanchipuram District was the self-acquired property of her father-inlaw namely Munusamy @ Moongilan Naicker. Thereafter, it came to her possession through her husband Muthu, who died intestate on 04.08.2004, leaving behind his wife, the petitioner herein and his three sons namely Tamilarasu, Anbarasu and Vijayarasu. Sometime in August 2024, the petitioner and her sons decided to sell the property and they approached the survey authorities to mark the boundaries. In this regard, they submitted an online representation on 30.09.2024 to the second respondent through his relative one Sankar, which came to 2/5

be acknowledged vide E-challan No. 2024/0123/03/004054. Till date, no action has been taken by the respondents. Hence, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, a mandamus is issued to the second respondent to conduct a survey of the petition mentioned property and to fix the boundary stones. The petitioner shall submit all the relevant records to show her title to the property and the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 3/5

5. With the above directions, this Writ Petition is allowed. No costs.

31.01.2025 Index : Yes/No Internet : Yes/No ds To:

1.The District Collector District Collector Office Kanchipuram District.

2.The Tahsildar Sriperumbudur Taluk Office Kanchipuram District.

4/5

P.T. ASHA, J, ds W.P.No. 2961 of 2025 31.01.2025 5/5