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Madras High CourtWP/9426/2017disposed of

L.Gowri, W/O.K.Loganathan v. The District Collector

2017-04-19Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.9426 of 2017 L.Gowri, rep by her Power Agent R.Vasanthakumar, Chennai-83 [ Petitioner ] Vs 1 The District Collector, Collectorate, Kanchipuram District.

2 The Tahsildhar, Taluk Office, Sholinganallur, Chennai-119.

3 The Taluk Head Surveyor, Taluk Office, Sholinganallur, Chennai-119.

[ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1-3 to consider the petitioners Application for survey dated 17.06.2016 and Representation dated 24.03.2017 and pass suitable orders by directing the second and Third Respondents herein to conduct survey of the petitioners land in Survey NO.274/ 1A2 and effect patta transfer in favour of the petitioner further to unblock the way to ingress and egress the petitioners land.

For Petitioner : Mr.Thanga Vadhanabalakrishnan For Respondents : Mr.A.N.Thambidurai, SGP

ORDER

Mr.A.N.Thambidurai, learned Special Government Pleader, takes notice for the respondents.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus to direct the respondents 1 to 3 to consider her application dated 17.06.2016 and representation dated 24.03.2017 and pass orders by directing the 2nd and 3rd respondents to conduct survey of the petitioner's land in Survey NO.274/1A2 and effect patta transfer in favour of her, further to unblock the way to ingress and egress of her land.

4. The learned counsel appearing for the petitioner submitted that inspite of the petitioner's application dated 17.06.2016 and representation dated 24.03.2017, the 2nd and 3rd respondents have not yet passed any order so far.

5. Mr.A.N.Thambidurai, learned Special Government Pleader, appearing for the respondents submitted that the 2nd and 3rd respondents may be directed to consider the petitioner's application and pass orders on merits and in accordance with law, within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd and 3rd respondents to consider the petitioner's application dated 17.06.2016 and representation dated 24.03.2017, and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

With the above observation, the writ petition is disposed of . No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1 The District Collector, Collectorate, Kanchipuram District.

2 The Tahsildhar, Taluk Office, Sholinganallur, Chennai-119.

3 The Taluk Head Surveyor, Taluk Office, Sholinganallur, Chennai-119.

+1cc to Mr.Thangavadhana Balakrishnan, Advocate Sr.23447 +1cc to the Government Pleader Sr.24078 W.P.No.9426 of 2017 rj[co] srg 25/04/2017