← Library
Madras High CourtWP/7379/2017disposed of

M.Arokiasamy, v. The District Collector

2017-12-18Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.7379 of 2017 M.Arokiasamy .. Petitioner vs 1.The District Collector, Chennai District, Singaravelar Maligai, Chennai-01.

2.The Tahsildar, Ayanavaram Taluk, Nearby Water Tank, Ayanavaram, Chennai-23.

3.National Highways Authority of India, Rep. by its Project Director, 8th floor, Annex Building SPic House, 88, Mount Road, Guindy, Chennai 600 032.

4.The Surveyor, Taluk Office, Kulathur Village, Ayyanavaram Taluk, Chennai 23.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to measure and demarcate his land/plot in Plot No.5, Senthil Nagar Extension, (Part and parcel of Sanctioned layout-LPDM/DDTP No.75 of 1971), Survey No.16/2, Kolathur Village, Chennai 99 namely to an extent of 982 sq.feet within the time frame fixed by this court.

For Petitioner: Mr.K.Thilageswaran For Respondents: Mr.A.Kumar, Special Government Pleader

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents. By consent, the main writ petition itself is taken up for final disposal at the stage of admission. 2.The petitioner seeks for a mandamus to direct the respondents to measure and demarcate his land/plot in Plot No.5, Senthil Nagar Extension, (Part and parcel of Sanctioned layoutLPDM/DDTP No.75 of 1971), Survey No.16/2, Kolathur Village, Chennai 99 namely to an extent of 982 sq.feet within the time frame fixed by this court.

3.The grievance of the petitioner is that even though the petitioner has paid necessary charges to survey the subject property and also made representations dated 17.10.2016 and 31.01.2017, till this date, the respondents have not conducted any survey. This Court, at this stage, is not expressing any view on the survey of the subject matter property, as it is for the respondents to consider and decide the same on its own merits and in accordance with law. Therefore, this writ petition is disposed of, only with a direction to the respondents to consider the representations of the petitioner dated 17.10.2016 and 31.01.2017, seeking to survey and demarcate the subject property and pass orders on the same on merits and in accordance with law, after hearing the rival contentions, if any. Such exercise shall be done by the respondents within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar vri To 1.The District Collector, Chennai District, Singaravelar Maligai, Chennai-01.

2.The Tahsildar, Ayanavaram Taluk, Nearby Water Tank, Ayanavaram, Chennai-23.

3.National Highways Authority of India, Rep. by its Project Director, 8th floor, Annex Building SPic House, 88, Mount Road, Guindy, Chennai 600 032.

4.The Surveyor, Taluk Office, Kulathur Village, Ayyanavaram Taluk, Chennai 23.

W.P.No.7379 of 2017 nr 03/01/2018