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Madras High CourtWP/31836/2024disposed of

Kottiraja R v. The District Collector

2024-10-25Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Kottiraja ... Petitioner Vs.

1.The District Collector, Thiruvallur District.

2.The Tahsildar, Thiruvallur Taluk and District.

3.The Head Surveyor, Thiruvallur Taluk and District.

4.The Village Administrative Officer, Thottikalai Village, Thiruvallur Taluk and District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd Respondent to consider the petitioner's application challan No:20230526014042 dated 26.05.2023 and to survey the petitioner's land in Survey No.238/27 in patta number 116 measruing an extent of 271 sq.m. Respectively situated at Thottikalai Village, Thiruvallur Taluk, Thiruvallur District and to fix its boundaries as per the release deed in 1/4

document number 11980/2014 dated 21.10.2014 within the period that may be stipulated by this Court.

For Petitioner : Mr.A.Arun Kumar For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

The petitioner herein seeks a direction to the 2nd Respondents to survey his property situated in Survey No.238/27 in patta No.116 measuring an extent of 271 sq.m. situated in Thottakalai Village, Thiruvallur Taluk, Thiruvallur District, by considering his online application dated 26.05.2023.

2. It is the case of the petitioner that the subject property originally belonged to his father and after death of his father, his mother and siblings executed a sale deed in favour of the petitioner on 21.10.2014. Thus, the petitioner claimed absolute right over the subject property. Thereafter, the petitioner submitted an online application on 26.05.2023 bearing Challan No.20230526014042 seeking survey of the above mentioned property, the same was not considered. Aggrieved by the same, the petitioner has come before this Court.

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3. The learned Special Government Pleader who takes notice for the Respondents would submit that the online application submitted by the petitioner will be considered on its own merits within the time fixed by this Court.

4. In view of the same without going into the merits of the claim made by the petitioner, the 2nd Respondent is directed to consider the online application of the petitioner dated 26.05.2023 and pass final orders on its own merits after issuing notice to the petitioner and other interested parties, within a period of 8 weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition is disposed of. No costs. 25.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

S. SOUNTHAR, J.

mka To:

1.The District Collector, Thiruvallur District.

2.The Tahsildar, Thiruvallur Taluk and District.

3.The Head Surveyor, Thiruvallur Taluk and District.

4.The Village Administrative Officer, Thottikalai Village, Thiruvallur Taluk and District.

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