G.Sudha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI G. Sudha ... Petitioner Vs.

1. The District Collector, Chengalpattu District.

2. The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

3. The Head Surveyor, Chengalpattu Taluk, Chengalpattu District.

4. The Municipal Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar, Chengalpattu District.

5. Inspector of Police, Law and Order, T9, Maraimalai Nagar Police Station, Chengalpattu District 603 209 ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the fourth Respondent herein to survey, measure, demarcate and sub-divide the petitioner's land situated in Plot no.305 and 306, in Sai Srivari Nagar layout

in Sengundram Village, Maraimalai Nagar, Chengalpattu Taluk, Chengalpattu District in Survey Nos. 126/1B, 126/2B,126/1A5, measuring to an total extent of 6498 Sq Ft., bearing Patta no.4039 within a time-frame and pass orders.

For Petitioner : Mr.G. Bala and Daisy For Respondents 1,3 and 5 : Mr.U. Bharanidharan Additional Government Pleader For Respondent 4 : P. Srinivas

O R D E R

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. This Writ Petition has been filed seeking a direction to the respondent to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 07.10.2022.

3. The case of the petitioner is that the petitioner is the purchased the land and the same was registered vide Sale Deed Doc.No.1104 of 2004 on 03.03.2004. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 07.10.2022 along with documents before the fourth respondent requesting to survey the

land of the petitioner, but the same was not considered. Hence this writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the fourth respondent to consider the petitioner's representation dated 07.10.2022 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 07.10.2022 will be considered on merits and in accordance with law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the respondents to consider the petitioner's representation dated 07.10.2022 and take necessary steps to survey the land on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

02.11.2022 Index: Yes/ No Internet: Yes/No smn

M.DHANDAPANI,J.

smn To

1. The District Collector, Chengalpattu District.

2. The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

3. The Head Surveyor, Chengalpattu Taluk, Chengalpattu District.

4. The Municipal Commissioner, Maraimalai Nagar Municipality, Maraimalai Nagar, Chengalpattu District.

5. Inspector of Police, Law and Order, T9, Maraimalai Nagar Police Station, Chengalpattu District 603 209 W.P.No. 28926 of 2022

02.11.2022