P.Prashanth v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Prashanth ... Petitioner Vs.
1. The District Collector, "Singaravelan Maaligai"
Rajaji Salai, Chennai 600 001.
2. The Tahsildar, Maduravoyal Taluk, Maduravoyal, Thiruvallur District.
3. The Assistant Director, Survey of Land Records, Tiruvallur Collector Office Complex, Tiruvallur 602 001.
4. The Inspect of Survey, Survey of Land Records, Tiruvallur Collector Office Complex, Tiruvallur 602 001.
5. Sathyanarayanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to resurvey the land and demarcate the boundaries of the petitioner's land which is morefully 1/6
situated in Plot No.31, Sivanthi Avenue Kumaran 2nd Street, Nerkundram, Chennai 600 107 in Survey Nos.196/1D and 197/6 in pursuance to the Application dated 01.04.2024 vide its Acknowledgment No.20241/0123/02/000142.
For Petitioner(s) : Mr.G.Hari Krishna for Mr.S.V.Pravin Rathinam For R1 to R4 : Mr.A.Selvendran Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 5th respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus, to direct the respondents to re-survey the land and demarcate the boundaries of the petitioner's land comprised in Survey Nos.196/1D and 197/6, situated in Plot No.31, Sivanthi Avenue Kumaran 2nd Street, Nerkundram, Chennai 600 107, in pursuance to the Application dated 01.04.2024.
3. It is submitted by the learned counsel for the petitioner that the 2/6
petitioner purchased the land comprised in Survey Nos.196/1D and 197/6, admeasuring 4050 sqft., situated in Plot No.31, Sivanthi Avenue Kumaran 2nd Street, Nerkundram, Chennai 600 107, from M.Selvaraj and G.Adhisekaran vide Sale Deed dated 09.12.1992, registered as Document No.4128 of 1992. It was further submitted that the subject land was subdivided into Survey Nos.196/1D and 197/6.
3.1. It is submitted by the learned counsel for the petitioner that the 5th respondent encroached the petitioner's land while building an apartment. Aggrieved by this the petitioner had filed an application dated 01.04.2024 to resurvey the petitioner's property and paid necessary charges. Subsequently, the petitioner also filed a writ petition in W.P.No.35753 of 2024 to direct the respondents to consider the representation dated 27.05.2024 and to take necessary steps to remove unauthorized construction. This Court vide order dated 04.03.2025, held that the building constructed in Plot No.32 was constructed as per the building approval plan and no deviations were found on the building. The relevant portion of the order is extracted hereunder: "3.
Accordingly, the Executive Engineer, Zone ~ XI, Greater Chennai Corporation conducted inspection in the subject property and submitted a report. The report would reveal that one Mr.K.S.Sathynarayanan submitted a Sale Deed, revenue documents and also the building permission PPA/WDCN11/10838/2023 dated 13.01.2024. The Assistant Executive Engineer on inspection found that the building constructed in Plot No.32 was constructed as per the building plan approval and no deviations were found on the building." 3/6
3.2.
Under these circumstances petitioner to ascertain the accurate physical extent of his property, approached the respondents to consider the application dated 01.04.2024, seeking to resurvey and demarcate the petitioner's property which was still pending before the respondents. However, no action has been taken by the respondents till date. Aggrieved by the same, the present writ petition has been filed before this Court.
4. The learned Special Government Pleader appearing for Respondents 1 to 4 would submit that they would consider the petitioner's application dated 01.04.2024, conduct survey and demarcate the petitioner's property within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the writ petition stands disposed of with the direction to the respondents to consider petitioner's application dated 01.04.2024 and carry out a survey, demarcate the subject property and complete the process within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy, after giving prior notice to the petitioner, 5th respondent, adjacent land owners and other interested parties including rival claimants if any. 4/6
It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 19.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The District Collector, "Singaravelan Maaligai"
Rajaji Salai, Chennai 600 001.
2. The Tahsildar, Maduravoyal Taluk, Maduravoyal, Thiruvallur District.
3. The Assistant Director, Survey of Land Records, Tiruvallur Collector Office Complex, Tiruvallur 602 001.
4. The Inspect of Survey, Survey of Land Records, Tiruvallur Collector Office Complex, Tiruvallur 602 001.
5/6
MOHAMMED SHAFFIQ, J.
spp 19.06.2025 6/6