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Madras High CourtWP/24186/2025disposed of

D.Mohanasundari v. The District Collector

2025-07-04Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mrs.D.Mohanasundari ..Petitioner Vs.

1.The District Collector, Office of the District Collector, Kancheepuram District.

2.The Director, Survey and Land Revenue Commission, PWD Estate, Chepauk, Chennai-600005.

3.The Chief Land Surveyor, Pallikaranai Village, Sholinganallur, Chennai-600113.

4.The Assistant Land Surveyor, Pallikaranai Village, Sholinganallur, Chennai-600113.

5.The Tahsildhar, Pallikaranai Village, Sholinganallur, Chennai- 600113 ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 5 herein to identify, survey and fix boundaries to the property situated at Pallikarani Village, Kancheepuram District now changed as part of Chennai Corporation in Survey No.742/3, Plot No.13, Anna 2nd Road, Sathya Nagar, (Near Perungudi Railway Station) pursuant to the petitioner's representation dated 20.12.2024 and pass orders.

For Petitioner(s) : Mr.S.Kingston Jerold For Respondent(s) : Mr.S.J.Mohamed Sathik Government Advocate for R1 to R5

ORDER

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

2. The present writ petition is filed praying for a writ of mandamus, to direct the respondents 1 to 5 herein to identify, survey and fix boundaries to the property situated at Pallikarani Village, Kancheepuram District now changed as part of Chennai Corporation comprised in Survey No.742/3, Plot No.13, situated at Anna 2nd Road, Sathya Nagar, (Near Perungudi Railway Station) pursuant to the petitioner's representation dated 20.12.2024 . 2/6

3. It is submitted by the learned counsel for the petitioner that the petitioner purchased the subject property vide registered sale deed dated 30.04.1992 in Document No.2238 of 1992. Thereafter, the petitioner submitted a representation dated 20.12.2024 before the respondents to survey and fix boundaries in the subject property. However, the said representation was not considered by the respondents till date. Aggrieved by the same, the petitioner has come up with the present writ petition.

4. On this being pointed out, the learned Government Advocate would submit that the representation dated 20.12.2024 refers to Survey No.742/3 whereas the property which is owned by the petitioner vide sale deed dated 30.04.1992 in Document No.2238 of 1992 would show the Survey Number as 724/3. Hence the petitioner may take out an online application to survey the property which is owned by him and if any such online application is taken out, the respondents would consider the same and carry out a survey, in accordance with law, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, it is open to the petitioner to take out an online application in respect of the property owned by him i.e. Survey No.724/3, Anna 2nd Road, Sathya Nagar and if any such online application is filed by the 3/6

petitioner, the respondents shall consider the same and carry out a survey and fix boundaries, in the petitioner's property, in accordance with law, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is made clear that this Court has not expressed any views 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.

6. Accordingly, the writ petition stands disposed of. No costs. 04.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6

To:

1.The District Collector, Office of the District Collector, Kancheepuram District.

2.The Director, Survey and Land Revenue Commission, PWD Estate, Chepauk, Chennai-600005.

3.The Chief Land Surveyor, Pallikaranai Village, Sholinganallur, Chennai-600113.

4.The Assistant Land Surveyor, Pallikaranai Village, Sholinganallur, Chennai-600113.

5.The Tahsildhar, Pallikaranai Village, Sholinganallur, Chennai- 600113 5/6

MOHAMMED SHAFFIQ, J.

mrn 04.07.2025 6/6