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Madras High CourtWP/6514/2024disposed of

N.Sukumar v. The District Collector

2024-03-13Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.6514 of 2024 N.Sukumar ... Petitioner Vs.

1. The District Collector Thiruvallur District

2. The Tahsildar Avadi Taluk, Thiruvallur District

3. The Head Surveyor Avadi Taluk, Thiruvallur 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 the petitioner's land in Survey No.603/2013 in the above said address and fix its boundaries as per revenue records within the period may be stipulated by this Court.

For Petitioner : Mr.M.Mohamed Yasin For Respondents : Mr.T.Arun Kumar Additional Government Pleader 1/4

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to survey the petitioner's land, situated at KCR Nagar, Plot No.218, Potthur Village, Ambathur Panchayat, Thiruvallur District and to fix its boundaries as per revenue records within the period as may be stipulated by this Court.

2. The case of the petitioner is that he made an online application on 09.11.2023 to survey his land and also paid the requisite fee through eChallan No.20231109001024. Since there was no action, he made a representation dated 05.02.2024 to the 2nd respondent. However, the 2nd respondent has not taken any action. Hence, the present Writ Petition is filed.

3. Mr.T.Arun Kumar, learned Additional Government Pleader who takes notice for the respondents drew the attention of this Court to page No.32 of the typed set in which, there is a photograph of a notice board stating that there is a case pending in respect of Survey No.210/2A.

4. However, since the Writ Petition is filed seeking a simple Writ of Mandamus, this Court, without expressing any opinion with regard to the merits of the case, directs the 2nd respondent to consider the petitioner's online application dated 09.11.2023 and the representation dated 05.02.2024 2/4

and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/aggrieved parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and after giving opportunity of hearing to all the parties, pass orders on merits and in accordance with law, within a period of three months 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. 13.03.2024 ksa-2 Index : Yes / No To

1. The District Collector Thiruvallur District

2. The Tahsildar Avadi Taluk, Thiruvallur District

3. The Head Surveyor Avadi Taluk, Thiruvallur District 3/4

P.VELMURUGAN. J.

Ksa-2 W.P.6514 of 2024 13.03.2024 4/4