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Madras High CourtWP/8525/2024dismissed

T.Lenien, v. The District Collector,

2024-04-01Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR T.Lenien . . Petitioner Vs 1.The District Collector Collectorate Office Kancheepuram District - 631 501 2.The Sub Registrar Officer Registrar Office Joint - 1, Chennai South, Chennai - 600 035 3.The Commissioner, Kundrathur Panchayat Union Padappai, Kancheepuram District - 601 301 4.The Surveyor, Kollapakkam Kundrathur Taluk, Kancheepuram District - 600 125 5.The Tahsildar Kundrathur Taluk, Kundrathur, Chennai - 600 069 6.The Village Administrative Officer Ayyappan Thangal, Agaram, Srinivasapuram Kundrathur, Kancheepuram District - 600 069 7.The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 8.Jagan Raj 9.Santhish Raj . .Respondents Page No:1/5

**** PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 3 to 6 to measure petitioner's property and to give proper notice to 8th and 9th respondents.

**** For Petitioner : Mr.S.Ezhil Raj For Respondents : Mr.A.Selvendran, Spl.G.P for R1 to R6

ORDER

This writ petition has been filed for a mandamus directing the respondents 3 to 6 to measure petitioner's property after giving proper notice to respondents 8 and 9.

2. The grievance of the writ petitioner is that while surveying the property, notice has not been given by the authorities concerned. However, now it is recorded as if the writ petitioner is in excess of 6 feet than 30 feet and hence, he seeks a direction to the respondents for another survey.

3. The main dispute of the petitioner and the respondents 8 and 9 are with regard to measurement of the property. In such view of the Page No:2/5

matter, to resolve the issue once for all, the petitioner is directed to file a suit before the Principal District Court concerned under the Tamil Nadu Survey and Boundaries Act, 1923 by arraying the respondents 8 and 9 as defendants to the suit and seek the remedy.

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

01.04.2024 Index : Yes / No Speaking/non speaking order Asr To 1.The District Collector Collectorate Office Kancheepuram District - 631 501 2.The Sub Registrar Officer Registrar Office Joint - 1, Chennai South, Chennai - 600 035 3.The Commissioner, Kundrathur Panchayat Union Padappai, Kancheepuram District - 601 301 4.The Surveyor, Kollapakkam Kundrathur Taluk, Kancheepuram District - 600 125 5.The Tahsildar Kundrathur Taluk, Kundrathur, Chennai - 600 069 6.The Village Administrative Officer Ayyappan Thangal, Agaram, Srinivasapuram Kundrathur, Kancheepuram District - 600 069 Page No:3/5

7.The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 8.The Government Pleader High Court, Madras Page No:4/5

N. SATHISH KUMAR, J.

Asr 01.04.2024 Page No:5/5