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Madras High CourtWP/31084/2022disposed of

Pratap Singh v. The District Collector- Tiruvallur

2022-11-22Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Pratap Singh ... Petitioner Vs.

1.The District Collector-Thiruvallur, Collectorate, Chennai - Tiruttani Highway, Thriuvallur District, Thiruvallur - 602 001.

2.The Tahsildar, Poneeri Tahsildar Office, Ponneri Taluk, Tiruvallur District, 3.The Head Surveyor, Office of the Tahsildar, Ponneri Taluk Office,

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to Survey, measure and fix the boundaries of the petitioner's property situated at Survey No.205, sub division No.21 & 22 at Lakshmi Nagar, Vitchoor Revenue Village, Ponneri Taluk, Thiruvallur District pursuant to the petitioner's representation dated 1/6

08.08.2022 and 24.09.2022.

For Petitioner : Mr.P.Vasanth For Respondents : Mr.U.Bharanidharan Additional Government Advocate

ORDER

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the 2nd respondent to Survey, measure and fix the boundaries of the petitioner's property situated at Survey No.205, sub division No.21 & 22 at Lakshmi Nagar, Vitchoor Revenue Village, Ponneri Taluk, Thiruvallur District pursuant to the petitioner's representation dated 08.08.2022 and 24.09.2022.

2. The case of the petitioner is that the aforesaid property was purchased by him in his spouse's name. Subsequently, the petitioner's spouse died intestate on 01.01.2008 leaving behind the petitioner and their children as legal heirs. While so, the petitioner decided to settle the property in favour of his children. Thereafter, the petitioner gave a representation dated 08.08.2022 and a reminder of the same on 24.09.2022 to the respondents to survey the property by fixing boundaries in the aforesaid property. As the said 2/6

representation made by the petitioner has evoked no response, the petitioner has filed this present Writ Petition.

3.The learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's request to survey and demarcate the boundaries of the petitioner's property in the above said Survey numbers based on the petitioner's representation dated 08.08.2022 and 24.09.2022 and pass orders on the same within a particular time frame fixed by this Court.

4. Mr.U.Bharanidharan, the learned Additional Government Advocate for the respondents submits that if any direction is given by this Court, the same will be complied with.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's request to survey and demarcate the boundary of petitioner's land based on the fee remitted by the petitioner's representation dated 08.08.2022 3/6

and 24.09.2022, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This Writ Petition is accordingly is disposed of. No costs. 22.11.2022 gba Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector-Thiruvallur, Collectorate, Chennai - Tiruttani Highway, Thriuvallur District, Thiruvallur - 602 001.

2.The Tahsildar, Poneeri Tahsildar Office, Ponneri Taluk, Tiruvallur District, 3.The Head Surveyor, Office of the Tahsildar, 4/6

Ponneri Taluk Office, M.DHANDAPANI,J.

gba 5/6

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