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Madras High CourtWP/16587/2016disposed of

Mrs.Seethalaksmi, v. The Managing Director,

2016-12-02Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.16587 of 2016 and W.M.P.No.14322 of 2016 Seethalakshmi .. Petitioner - Vs -

1. The Managing Director, Tamil Nadu Housing Board, No.49, Anna Salai, Nandanam, Chennai - 600 035.

2. The Executive Engineer, J.J.Nagar Division, Tamil Nadu Housing Board, Thirumangalam, Chennai - 600 101.

3. The Thasildhar, Ambattur Taluk Office, Thiruvallur District.

..

Respondents Prayer:- Writ petition filed under Section 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to survey the land through its Taluk Surveyor attached to its office to survey and demarcate the boundaries of the land measuring 0.29 cents or 1166 sq.meter or 12550 sq.feet comprised in Survey No.441/2A1 situate at Mugappair Village, Ambattur Taluk, Thiruvallur District in pursuance of the application dated 23.03.2016 after giving notice to all persons interested in the lands surrounding the property and furnish a copy of the report to the petitioner. For Petitioner : Mr.V.Raghavachari For Respondents : Mr.V.Ayyathurai, AAG Asst by Mr.Anandamurthy, St. Counsel

O R D E R

The writ petition has been filed seeking a Mandamus directing the 3rd respondent to survey the land through its Taluk Surveyor attached to its office to survey and demarcate

the boundaries of the land measuring 0.29 cents or 1166 sq.meter or 12550 sq.feet comprised in Survey No.441/2A1 situated at Mugappair Village, Ambattur Taluk, Thiruvallur District in pursuance of the application dated 23.03.2016 after giving notice to all persons interested in the lands surrounding the property and furnish a copy of the report to the petitioner.

2. After hearing the elaborate arguments made by both sides including the arguments of the learned Additional Advocate General, this Court pointed out that to set at naught the entire issue including the issue whether the property is situated in Survey No.441 or 442 or not, it is better that a Surveyor measure the entire property comprised in Survey Nos.441 and 442 in the presence of the petitioner, Housing Board officials as well as other interested persons.

3. In view of the above, the third respondent is directed to depute a Surveyor to survey and demarcate the boundaries of the land comprised in Survey Nos.441 and 442 situated at Mugappair Village, Ambattur Taluk, Thiruvallur District after giving notice to all the parties concerned and after affording reasonable opportunity of hearing, pass orders on the application of the petitioner dated 23.03.2016, as expeditiously as possible. The writ petition is disposed of accordingly. Consequently, the connected miscellaneously petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Managing Director, Tamil Nadu Housing Board, No.49, Anna Salai, Nandanam, Chennai - 600 035.

2. The Executive Engineer, J.J.Nagar Division, Tamil Nadu Housing Board, Thirumangalam, Chennai - 600 101.

3. The Thasildhar, Ambattur Taluk Office, Thiruvallur District.

+1cc to Mr.V. Anandhamoorthy, Advocate, S.R.No.71722 +1cc to Mr.V. Raghavachari, Advocate, S.R.No.71400 +1cc to the Government Pleader, S.R.No.71673 rk(CO) md(18/01/2017) W.P.No.16587 of 2016 and W.M.P.No.14322 of 2016