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Madras High CourtWP/22082/2025disposed of

G.Shalini v. The Collector

2025-06-23Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. G.Shalini

2. B.Gowrishankar ... Petitioners Vs.

1. The Collector, Chennai District, Rajaji Salai, Chennai - 600 001.

2. The Tahsildar, Sholinganallur Taluk, Chennai - 600 119.

3. The Sub Inspector of Survey, Office of the Tahsildar, Sholinganallur Taluk, Chennai - 600 119.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 & 3 to inspect, measure and demarcate the property as per the boundaries as

mentioned in the schedule of property within the jurisdiction of South Chennai, Sub-Registration District of Neelankarai, Chennai District, Sholinganallur Taluk, within the limits of Chennai Corporation at No.5/85, Gowriamman Koil Street, Injambakkam, Chennai - 600 119, comprised in Old Survey No.12 (Part), New Survey No.318/6B, to an extent of 69.027 sq.meter (743 sq.ft).

For Petitioners :

Mr.K.Kannan For Respondent :

Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 & 3 to conduct survey, measure and demarcate the subject property pursuant to the application submitted by petitioners on 07.05.2025.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. It is submitted by learned counsel for petitioners that petitioners purchased the property situated at Door No.5/85, Gowriamman Koil Street, Injambakkam, Chennai - 600 115 comprised in Old Survey No.12 (part), New Survey No.318/6B measuring an extent of 69.027 sq.mtr (743 sq.ft) from one Beema Bevi by way of a registered sale deed vide Document No.2520 of 2025 dated 13.03.2025. Petitioners are in possession and enjoyment ever since the date of purchase. Soon after the sale deed was registered in their favour, petitioners have filed an application before the Tahsildar and also remitted appropriate fee on 07.05.2025 to conduct survey in respect of the subject property. Since the same was not considered, the present writ petition has been filed.

4. At the outset, it was submitted by learned Special Government Pleader for respondents that they will consider the petitioners' application and measure the petitioners' land and survey the same within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by learned counsel for petitioners.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the concerned respondent, to consider the application dated 07.05.2025 to carry out survey and demarcate the subject property and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order after affording a reasonable opportunity of hearing to the petitioners, adjacent land owners and rival claimants if any. 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.

6. Accordingly, the Writ Petition stands disposed of. No costs. 23.06.2025 (2/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Collector, Chennai District, Rajaji Salai, Chennai - 600 001.

2. The Tahsildar, Sholinganallur Taluk, Chennai - 600 119.

3. The Sub Inspector of Survey, Office of the Tahsildar, Sholinganallur Taluk, Chennai - 600 119.

MOHAMMED SHAFFIQ, J.

vji 23.06.2025 (2/2)