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Madras High CourtWP/27540/2024disposed of

Karan Sankiecha v. The District Collector

2024-09-23Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P. No.27540 of 2024 Karan Sankiecha ..Petitioner Vs.

1. The District Collector Thiruvallur District.

2. The Tahsildar Ambattur Taluk Thiruvallur District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representations dated 26.06.2024 to survey comprised in Survey No.T.S.No.21/1, based on the petitioners E- Challan Public path way of the site, and recorded the revenue records update as public path way situated at Korattur village Ambattur Taluk Thiruvallur District. For Petitioner :Mr.C.Elamurugan For Respondents 1 & 2 : Mr.A.Selvendran Special Government Pleader 1/4

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to 2nd respondent to consider his representation dated 26.06.2024 to survey the properties situated in Survey No.T.S.No.21/1 at Korattur village, Ambattur Taluk, Thiruvallur District.

3. According to the petitioner, he is the owner of the property situated in T.S.No.21/93 having purchased the same under registered sale deed dated 01.02.2023. The petitioner submitted an online application seeking survey of the said property on 03.04.2024 and the same has not been considered. Now, the petitioner filed the present writ petition seeking survey of T.S.No.21/1 which according to the petitioner is a common pathway encroached by some neighbours. The petitioner has not filed any online application seeking survey of common pathway in T.S.No.21/1. He only submitted the application seeking survey of his private property covered by the sale deed dated 01.02.2023. Therefore, the prayer sought for in this writ petition seeking survey of common pathway in T.S.No.21/1 cannot be entertained. 2/4

4. As far as common pathway in T.S.No.21/1 is concerned, it is for the petitioner to workout his remedy by moving the Civil Court. As far as the private property of the petitioner in T.S.No.21/93 is concerned, the petitioner already submitted an application on 03.04.2024 seeking survey of the same. Therefore, the 2nd respondent is directed to consider the online application of the petitioner dated 03.04.2024 and pass final orders on its' own merits within a period of six weeks from the date of receipt of copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. 23.09.2024 Index : Yes/No nr To

1. The District Collector Thiruvallur District.

2. The Tahsildar Ambattur Taluk Thiruvallur District.

3/4

S.SOUNTHAR , J.

nr 23.09.2024 4/4