S.K.Paul v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : .24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.K. Paul ... Petitioner Vs.

1. The District Collector, Chennai District, No.62, Rajaji Salai, chennai - 600 001

2. The Assistant Director of Survey and Land Records, Chepauk, Chennai - 600 005.

3. The Tahsildar, Perambur Taluk, Perambur, Chennai - 600 001 4.Mr.Mohammed Sameer.

5. Mr.N. Venkatesan

...Respondents

Prayer:

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 1 to 3 Respondents to deputy the competent survey officials to survey and demarcate the boundaries of the property, namely, all that piece and parcel of land of 1/5

extent 6545 Sq.Ft situated at No.3, Lakshmiamman Koil Street Kodungaiyur, Chennai 600 118, comprised in S.No.27, Kodungaiyur Village, Perambalur Taluk, Chennai District, within the Registration District of North Chennai and within the Sub Registration District of Sembiam by metes and bounds and bounds after issuing notice to the concerned parties.

For Petitioner :Mr.P. Mohan Raj For Respondents :Mr . U. Baranidharan Additional Government Pleader

ORDER

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 respondents to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 16.05.2022.

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3. Since no adverse orders are passed against the private respondents notice to private respondents dispensed with.

4. The case of the petitioner is that the petitioner purchased the subject property and he was in possession and enjoyment of the same. The grievance of the petitioner is that the subject land was never subdivided. Hence the petitioner made a representation dated disposing the representations made by the petitioner on 16.05.2022 along with documents before the respondents requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

5. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 16.05.2022 within the stipulated time as fixed by this Court.

6. The learned Additional Government Pleader would submit that the petitioner's representation dated 16.05.2022 will be considered on 3/5

merits and in accordance with law.

7 . 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 16.05.2022 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.

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

24.11.2022 smn Index : yes / no Internet : yes / no Speaking order : Yes/No 4/5

M.DHANDAPANI, J.

smn To Vs.

1. The District Collector, Chennai District, No.62, Rajaji Salai, chennai - 600 001

2. The Assistant Director of Survey and Land Records, Chepauk, Chennai - 600 005.

3. The Tahsildar, Perambur Taluk, Perambur, Chennai - 600 001 24.11.2022 5/5