K.H.Kareem v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.2999 of 2024
1. K.H.Kareem
2. K.H.Aslam ... Petitioners Vs.
1. The District Collector, Chengalpattu District, Chengalpattu.
2. The Divisional Engineer, Highways Department, Chennai City Roads Division, Saidapet, Chennai 600 015.
3. The Tahsildar, Pallavaram Taluk, Pallavaram, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent herein
to dispose of the application dated 16.10.2023 within a limited time frame of the petitioners in respect of survey of the land in survey No.257/1B (2685 Sq.ft) in ward -D Block 49 T.S.No. 33/2 ZaminPallavaram Village, Thorapakkam Pallavaram, Link Road (200 feet road) Pallavaram Taluk, Chengalpattu District. For Petitioners : Mr.G.Punniakoti For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the third respondent herein to dispose of the petitioners' application dated 16.10.2023 in respect of survey of the land in survey No.257/1B (2685 Sq.ft) in ward -D Block 49 T.S.No. 33/2 ZaminPallavaram Village, Thorapakkam Pallavaram, Link Road (200 feet road) Pallavaram Taluk Chengalpattu District.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. Learned Counsel for the petitioners submitted that the petitioners made application before the third respondent on 16.10.2023 to survey their land and they have also paid the requisite fees. The respondents have not considered the petitioners' application so far. Hence the petitioners are constrained to file the present writ petition.
4. The present Writ Petition is filed seeking a simple writ of mandamus to consider the petitioners' representation dated 16.10.2023. In view of the limited prayer sought for in this Writ Petition, without going into the merits of the case, this Court direct the third respondent to consider the petitioners' application dated 16.10.2023, if the application filed by the petitioner is otherwise in order and if the respondents already received application from the petitioner. After giving notice to the petitioners, owners of the four boundaries of the subject land/interest parties/rival claimants/objectors as the case may be, and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law, if the respondents already not passed the order. The abovesaid exercise shall be completed within a period as stipulated in the Circular
No. R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.
5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. W.M.P.No.2999 of 2024 is ordered on payment of separate court fees by each of the petitioners. 08.02.2024 mfa Index:Yes/No Speaking Order: Yes/No
To
1. The District Collector, Chengalpattu District, Chengalpattu.
2. The Divisional Engineer, Highways Department, Chennai City Roads Division, Saidapet, Chennai 600 015.
3. The Tahsildar, Pallavaram Taluk, Pallavaram, Chennai.
P.VELMURUGAN, J.
mfa and W.M.P.No.2999 of 2024 08.02.2024