D.Lilly v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN D.Lilly ... Petitioner

Versus

1. The District Collector Kancheepuram District

2. The Tahsildar Uthiramerur Taluk Kancheepuram District

3. The Head Surveyor Uthiramerur Taluk Kancheepuram District

4. The Village Administrative Officer Manampathi Village Uthiramerur Taluk Kancheepuram District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to survey 1/6

the petitioner's land in Survey No.426/2B3 to the extent of 1.04 Acres respectively situated at Manampathi Vllage, Uthiramerur Taluk, Kancheepuram District and to fix its boundaries as per revenue records within the period that may be stipulated by this Court. For Petitioner : Mr. B.Vincent For Respondents : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to survey the petitioner's land in Survey No.426/2B3 to the extent of 1.04 Acres respectively situated at Manampathi Vllage, Uthiramerur Taluk, Kancheepuram District and to fix its boundaries as per revenue records within the period that may be stipulated by this Court.

2. The case of the petition is that the petitioner made an application through online on 30.06.2022 and also paid requisite fee through e-Challan No.20220630011357 to survey the subject land and fix the boundaries. Since, there was no response, he also made a representation to the 2/6

respondents on 30.03.2023. However, till now the respondents have not conducted the survey. Therefore, the present Writ Petition is filed.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since the Writ Petition is filed seeking a simple Writ of Mandamus to survey the land, this Court without expressing any opinion with regard to the merits of the case, directs the 2 nd respondent to consider the petitioner's application dated 30.06.2022 and the subsequent representation dated 30.03.2023 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject land, interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and after giving opportunity of hearing to all the parties, conduct enquiry in the manner known to law. After conducting enquiry, if the 2 nd respondent comes to the conclusion that the petitioner is otherwise 3/6

eligible/entitled, conduct survey in the subject land with the help of 3 rd and th respondents and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 19.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 4/6

To

1. The District Collector Kancheepuram District

2. The Tahsildar Uthiramerur Taluk Kancheepuram District

3. The Head Surveyor Uthiramerur Taluk Kancheepuram District

4. The Village Administrative Officer Manampathi Village Uthiramerur Taluk Kancheepuram District 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.7043 of 2024 19.03.2024 6/6