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Madras High CourtWP/22111/2024disposed of

K.Lakshmi v. The Assistant Director

2024-08-12Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP.No.24110 of 2024 K.Lakshmi ... Petitioner vs.

1.The Assistant Director, Survey and Land Records, District Survey Office, Collectorate Campus, Chengalpattu - 603 001.

2.Head Surveyor, Tambaram Taluk, Revenue Department, Chitlapakkam, West Tambaram, Chennai - 600 045.

3.The Tahsildar, Tambaram Taluk, Revenue Department, Chitlapakkam, West Tambaram, Chennai - 600 045. ... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to rectify the error contained in Survey Records/FMB in respect of Survey Nos.156 and 156/B of Rajakizhpakkam Village, Tambaram Taluk, by conducting proper field survey on the basis of UDR FMB, within the time stipulated by this Court.

For Petitioner : Mr.S.Mohamed Uduman For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner seeks a direction to the respondents to rectify the error contained in Survey Records/FMB in respect of Survey Nos.156 and 156/B of Rajakizhpakkam Village, Tambaram Taluk, by conducting proper field survey within time stipulated by this Court.

2. It is the case of the petitioner that he got right over 518 sq.ft out of 3000 sq.ft by virtue of registered settlement deed dated 30.05.2013 executed by her mother viz., K.Rani. The petitioner made an application 2/5

for Survey of her property and demarcate the boundaries on 03.05.2023 and the same has not been considered. Aggrieved by the same, the petitioner is before this Court.

3. The learned Additional Government Pleader appearing for the respondents would submit that there are 72 persons having claim over the property in S.No.156 and in order to fix the boundary of the petitioner's land in S.No.156/5B, the Surveyor has to measure entire S.No.156 and it will take a long time.

4. In view of the submission made by the learned Additional Government Pleader appearing for the respondents, this Court without going into the merits of the claim made by the petitioner, is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 03.05.2023 and pass final orders, after issuing necessary notice to the persons interested within a period of sixteen weeks from the date of receipt of a copy of this order. It is needless to say, the petitioner shall pay 3/5

necessary survey charges to the respondent based on the demand made by them. No costs. Consequently, connected miscellaneous petition is closed.

12.08.2024 Index : Yes/No Speaking order:Yes/No ub To 1.The Assistant Director, Survey and Land Records, District Survey Office, Collectorate Campus, Chengalpattu - 603 001.

2.Head Surveyor, Tambaram Taluk, Revenue Department, Chitlapakkam, West Tambaram, Chennai - 600 045.

3.The Tahsildar, Tambaram Taluk, Revenue Department, Chitlapakkam, West Tambaram, Chennai - 600 045.

4/5

S.SOUNTHAR, J.

ub 12.08.2024 5/5