N.Saraswathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.2749 of 2024 N.Saraswathi ... Petitioner Vs.

1. The District Collector, Thiruvallur District Collectorate, Thrivallur District.

2. The Thasildar, Thiruttani Tasildhar Office, Tiruttani, Thiruvallur District.

3. The Assistant Director of Survey, Thiruvallur District Collectorate Complex, Thiruvallur District.

4. Firkha Surveyor, Kannamachatiram, Tiruttani Taluk, Thiruvallur District.

5. Rathinam ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in his proceedings in Na.Ka.No.2871/2023/A8 dated 11.01.2024 and to quash the same and consequently direct the respondents 2 to 4 to survey the land of the petitioner measuring to an extent of 0.05.66 Acres Comprised in Survey No.160/1B1B with Patta No.1637 situated in Gulur Village in Tiruttani Taluk in Thiruvallur District and verify and fix the boundaries and furnish a copy of the survey report to the petitioner within a time frame. For Petitioner : Mr.C.Vigneshwaran For R1 to R4 : Mr.A.Selvendran Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in his proceedings in Na.Ka.No.2871/2023/A8 dated 11.01.2024 and to quash the same and also to direct the respondents 2 to 4 to survey the petitioner' land measuring an extent of 0.05.66 Acres Comprised in Survey No.160/1B1B in Patta No.1637 situated in Gulur Village, Tiruttani

Taluk, Thiruvallur District and also to verify and fix the boundaries and furnish a copy of the survey report to the petitioner within a time frame.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the official respondents.

3. Since there is no adverse order passed against the fifth respondent in this petition, notice to the private respondent/fifth respondent is dispensed with.

4. It is clearly stated in the impugned proceedings passed by the second respondent that the third party has given objection to survey the petitioner's land, and also stated that the second respondent will consider the petitioner's representation and pass orders. The impugned proceedings passed by the second respondent is neither a final order nor an adverse order. Without any grievance, the petitioner has filed the present writ petition. However, the petitioner submitted that pending writ petition, he has received notice/summon from the respondents.

5. In view of the above, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

06.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, Thiruvallur District Collectorate, Thrivallur District.

2. The Thasildar, Thiruttani Tasildhar Office, Tiruttani, Thiruvallur District.

3. The Assistant Director of Survey, Thiruvallur District Collectorate Complex, Thiruvallur District.

4. Firkha Surveyor, Kannamachatiram, Tiruttani Taluk, Thiruvallur District.

P.VELMURUGAN, J.

mfa and W.M.P.No.2749 of 2024 06.02.2024