Madras High CourtWP/12428/2014disposed of

M.Durairaj, S/O.Madurai v. The District Collector

2021-08-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.12428 of 2014 and MP.No.1 of 2014 M.Durairaj

...Petitioner

Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Assistant Director, Department of Land Survey Registrar, Kancheepuram District, Kancheepuram.

3. The Tahsildar, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.

4. The Land Surveyor, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.

5. The Village Administrative Officer, Kundrathur Village, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.

6. THREE ESKKAY Enterprises, Rep. by its Partner P.Sheik Mohideen, Porur Trunk Road, Porur, Madras - 116.

7. Mahadevan @ Martin

8. Grace Margarate

9. Rosilin 10.K.Chidambaram

11. Shanthi 12.Sudalai 13.R.Lakshmi 14.G.Paari

...Respondents

[R6 to R14 impleaded as per the order of this Court dated 23.06.2014 in MP.No.2 of 2014 in WP.No.12428 of 2014]

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to survey of lands in Survey Nos.70.2(0.04 cents) 71/1 (0.32 cents) 71/3 (0.17 cents) 72 (0.33 cents) 73 (24 cents) and 74/1 (20 cents) totally measuring about 1.30 cents in Kundrathur Village, Sriperumbudur Taluk, Kancheepuram District with the help of the Field Measurements and Village maps and other relevant documents pertaining to the Kundrathur Village, Sriperumbudur Taluk, Kancheepuram District. For Petitioner : Mr.A.D.Janarthanan For Respondents for R1 to 5 : Mr.Richardson Wilson, G.A.

for R6 to R14 : Not ready in notice

O R D E R

The Writ Petition is heard through video conferencing.

2. This petition has been filed to direct the official respondents to survey the lands in Survey Nos.70.2(0.04 cents) 71/1 (0.32 cents) 71/3 (0.17 cents) 72 (0.33 cents) 73 (24 cents) and 74/1 (20 cents) totally measuring an extent of 1.30 cents in Kundrathur Village, Sriperumbudur Taluk, Kancheepuram District with the help of the Field Measurements and Village maps and other relevant documents pertaining to the Kundrathur Village, Sriperumbudur Taluk, Kancheepuram District.

3. The learned Government Advocate appearing for the respondents 1 to 5 submitted that as per the request of the petitioner, third respondent with the help of the fourth respondent attempted to survey the subject property after issuance of notice to the respondents 6 to 14. However, they found that there are bushes and water storage in the subject land. As such, they requested the petitioner to remove the same, so that they can survey the land.

4. The learned counsel for the petitioner submitted that as requested by the third respondent, they have now removed all the bushes and water storage in the subject land.

5. Considering the same, the third respondent is directed to survey the land as requested by the petitioner, after issuance of notice to the respondents 6 to 14 herein, with the help of fourth respondent.

6. With the above observations and directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pvs To