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Madras High CourtWP/2516/2021disposed of

M.Krishna Parayaner v. The District Collector

2022-02-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.2516 of 2021 M.Krishna Parayaner ... Petitioner -Vs1. The District Collector, Collectorate, Chengalpattu District.

2. The Taluk Surveyor, Office of the Madurantakkam TK, Madurantakkam,

3. D.Vaithilingam (R3 impleaded as per order dated 04.02.2022 made in W.M.P.No.8226 of 2021 in W.P.No.2516 of 2021) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's request which was made on 11.01.2021 and to make a survey in S.No.167/3 contemplated the Sale Deed No.2390 of 2006, dated 13.07.2007 and made and pass such other further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.P.Vijendran For R1 and R2 : Mr.S.Rajesh Government Advocate For R3 : Ms.G.Shabnam

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the second respondent to consider

the petitioner's request which was made on 11.01.2021 and to make a survey in S.No.167/3 as contemplated in the Sale Deed No.2390 of 2006, dated 13.07.2007 and made and pass such other further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2.

Heard Mr.P.Vijendran, learned counsel appearing for the petitioner, Mr.S.Rajesh, learned Government Advocate appearing for the respondents 1 and 2 and Ms.G.Shabnam, learned counsel appearing for the third respondent.

3.

The petitioner made a request before the second respondent to make a survey in the land comprised in S.No.167/3 as contemplated in the sale deed, dated 13.07.2007, registered vide Sale Deed No.2390 of 2006. The competent authority to consider the application to survey the subject land is Thasildar.

4.

Considering the above, the petitioner is at liberty to submit a fresh application before the concerned Thasildar to survey the subject property. On receipt of the said request and on payment of requisite fees, the Thasildar concerned is directed to issue notice to the petitioner, the third respondent and adjacent owners if any and after giving an opportunity of hearing to them, pass orders to survey the subject land, within a period of twelve weeks thereafter.

5.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mn To

1. The District Collector, Collectorate,

2. The Taluk Surveyor, Office of the Madurantakkam TK, Madurantakkam, +1cc to M/s.T.M.Nareen, Advocate, S.R.No.7858 +1cc to Mr.P.Vijendran, Advocate, S.R.No.7249 +1cc to the Government Pleader, S.R.No.8026 W.P.No.2516 of 2021 RSI(CO) SU(28/03/2022)