P.Indirani v. The Project Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.13712 of 2025 P.Indirani D/o.Late P.Mariyammal Petitioner Vs

1. The Project Director Project Implementation Unit 1 Chennai National Highways Authority of India, 5th Floor CMRL Building, Poonamallee High Road, Koyambedu, Chennai 600 107.

2.The District Collector Office of The District Collectorate, Tiruvallur District.

3.Tahsildar Office Of The Tahsildar, Ponneri Tiruvallur District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 3rd respondent herein to survey and demarcate the boundaries the land situated in Survey No.88/11A New Survey No.88 11A1A situated at 1/4

Padiyanallur Village, Ponneri Taluk, Tiruvallur District before to construct the water drain canal in the Highway Padianallur Village by the first respondent.

For Petitioner : Mr.S.Arivazhagan For Respondents : Mrs.S.R.Sumathy, Standing Counsel [R1] Mr.M.R.Gokulkrishnan Additional Government Pleader [R2 & R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to conduct survey in the subject property and to demarcate the boundaries in order to ensure that the water drain canal that is proposed to be constructed by the first respondent does not encroach upon the patta land belonging to the petitioner.

2. Heard Mr.S.Arivazhagan, learned counsel for petitioner and Mrs.S.R.Sumathy, learned Standing Counsel appearing for first respondent and Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for respondents 2 and 3.

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3. When the matter came up for hearing on 04.04.2025, this Court directed the learned Additional Government Pleader appearing on behalf of respondents 2 and 3 to take instructions. Accordingly, the matter was directed to be listed today. When the matter was taken up for hearing today, learned Additional Government Pleader produced the written instructions received from the third respondent. The third respondent is willing to conduct survey in the subject property based on the title document of the petitioner and demarcate the boundaries.

4. In the light of the above stand taken by the third respondent, there shall be a direction to the third respondent to survey the subject property and demarcate the patta land belonging to the petitioner. Such survey shall be conducted in the presence of the first respondent. Once the property is identified and demarcated, the first respondent shall ensure that the construction of the water drain canal does not encroach upon the property of the petitioner. This is in view of the fact that the property belonging to the petitioner has not been acquired for this purpose. This process shall be completed by the third respondent within a period of four (4) weeks from the date of receipt of a copy of this order. 3/4

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 17.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Project Director Project Implementation Unit 1, Chennai National Highways Authority of India, 5th Floor CMRL Building, Poonamallee High Road, Koyambedu, Chennai 600 107. 2.The District Collector Office of The District Collectorate, Tiruvallur District.

3.Tahsildar Office Of The Tahsildar, Ponneri, Tiruvallur District.

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