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Madras High CourtWP/15931/2021disposed of

S.Sathish v. The District Collector

2021-07-30Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.15931 of 2021

1. S. Sathish

2. S.Geetha

3. S.Gopi

4. S.Kalpana ... Petitioners Vs.

1. The District Collector, Tiruvallur District.

2. The Tahsildar, Poonamallee Taluk, Poonamallee, Tiruvallur Dt.

3. The Taluk Head Surveyor, Poonamallee Taluk, Poonamallee, Tiruvallur Dt.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to survey the land in the name of the petitioner's properties to an extent of 4015 sq.ft. comprised in Old Survey No.96/2, New Survey No.162/19, situated at Vellavedu Village, Poonamallee Taluk, Tiruvallur Distict by considering the petitioners' representations dated 17.01.2014, 21.02.2014 and 11.01.2021.

For Petitioner :

Mr.V.Prasad For Respondents :

Mr.Yogesh Kannadasan, Government Advocate

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the respondents to consider the petitioners' representations seeking to survey the land.

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2. The grievance of the petitioners is that, the petitioners' father was in possession and enjoyment of the house site in Old Survey No. 96/2, New Survey No.162/19 situated at Vellavedu Village, Poonamallee Taluk, Tiruvallur District. Thereafter, there was a family partition, subsequently, the petitioners' father died. Hence, the petitioners have made application to measure the property and they have also paid necessary fees for the same. But, so far, their application was not considered and no order has been passed on it. Hence, the present writ petition has been filed by the petitioners.

3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 2nd respondent Tahsildar is directed to consider the petitioners' application and to pass suitable orders on merits in accordance with law after hearing the petitioners as well as rival claimants, if any, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, Tiruvallur District.

2. The Tahsildar, Poonamallee Taluk, Poonamallee, Tiruvallur Dt.

3. The Taluk Head Surveyor, Poonamallee Taluk, Poonamallee, Tiruvallur Dt.

+1cc to Mr.V.Prasad, Advocate, S.R.No.37524 +1cc to the Government Pleader, S.R.No.37687 W.P.No.15931 of 2021 SPD(CO) CB(18/08/2021) https://hcservices.ecourts.gov.in/hcservices/