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Madras High CourtWP/7283/2024disposed of

S.Mallika, v. The District Collector,

2024-03-20Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Mallika S/o.Late Sambantham ... Petitioner versus 1.The District Collector Kancheepuram District Kancheepuram.

2.The District Surveyor Survey Department Kancheepuram District.

3.The Tahsildar Kundrathur Taluk Kancheepuram District.

4.The Taluk Surveyor Kundrathur Taluk Kancheepuram District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the Pg.Nos.1/5

petitioner's representation dated 09.02.2024 and thereby, direct the respondents 3 and 4 to measure the properties in Survey Nos.207, 208/1A1, 2A1, 3A1, Kovur Village, Kundrathur Taluk, Kancheepuram District and erect the milestones and fix the boundaries.

For Petitioner :

Mr.B.Gopalakrishnan For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a mandamus directing the respondents to consider the petitioner's representations dated 14.09.2023, 21.09.2023 and 09.02.2024 wherein and whereby, she sought for survey of the properties in Survey Nos.207, 208/1A1, 2A1, 3A1, Kovur Pg.Nos.2/5

Village, Kundrathur Taluk, Kancheepuram District and erect the milestones and fix the boundaries.

3. It is stated that the petitioner made several representations, out of which, last representation was made on 09.02.2024 seeking for survey of the subject matter properties, erect the milestones and fix the boundaries. However, the respondents have not considered the same. Hence, the present writ petition is filed before this Court.

4. Heard both sides and perused the materials available on record.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider and decide. Thus, this writ petition is disposed of, only with a direction to the third respondent to consider the representation of the petitioner dated 09.02.2024 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as interested parties/rival claimants/objectors/aggrieved Pg.Nos.3/5

parties, if any. Such exercise shall be done by the third respondent within a period of three months from the date of receipt of a copy of this order. However, there shall be no order as to costs. 20.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector Kancheepuram District Kancheepuram.

2.The District Surveyor Survey Department Kancheepuram District.

3.The Tahsildar Kundrathur Taluk Kancheepuram District.

4.The Taluk Surveyor Kundrathur Taluk Kancheepuram District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 20.03.2024 Pg.Nos.5/5