A.Susan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32109 of 2024 A.Susan

...Petitioner

Vs.

1. The District Collector, Collector Office, Rajaji Salai, Chennai - 600 001.

2. The Thasildar, Alandur Taluk Office, Alandur, Chennai - 600 016.

3. Nandakumar

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to survey the land and identify the property situated at South Chennai Registration District, Alandur Sub-Registration District, previously Chengalpattu District and Saidapet Taluk, presently Kancheepuram District and alandur Taluk, Adambakkam Village, comprised in Survey No.182/20 part, Paimash No.63, Patta No.1216, measuring an extent of 1050 sq.ft. by considering the petitioner's representation dated 26.07.2021. 1/5

For Petitioner : Mr.T.Ramachandran For R1 & R2 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the second respondent to survey the property situated in Survey No.182/20 part, Paimash No.63, Patta No.1216, measuring an extent of 1050 sq.ft., by considering her representation dated 26.07.2021.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 & 2, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that the above mentioned property was purchased by the petitioner's husband Late.E.Arunachalam under registered sale deed dated 12.03.1982. The petitioner's husband died on 18.12.2009 leaving behind the petitioner and her six children as per the legal heir certificate included in the typed set of papers. It is further stated that two of the petitioner's daughter namely Stella Mary and Jansi Rani are no more. Therefore, as on today, the petitioner and her sons are entitled to the subject 2/5

property. The petitioner submitted an on-line application on 26.07.2021 seeking survey of the property and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 & 2 would submit that the petitioner has to submit a proper on-line application along with necessary charges for survey of the property and on such application his request will be considered, on merits, in accordance with law.

5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the petitioner to file an on-line application seeking survey of the subject property and pay necessary charges within a period of two weeks from the date of receipt of a copy of this Order. On filing of such application by the petitioner within a stipulated time, the second respondent shall consider the same and pass final orders on its own merits, after issuing necessary notice to all the interested parties within a period of eight weeks from the date of filing of on-line application. 3/5

6. With the above direction, this Writ Petition is disposed of. No costs.

29.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To

1. The District Collector, Collector Office, Rajaji Salai, Chennai - 600 001.

2. The Thasildar, Alandur Taluk Office, Alandur, Chennai - 600 016.

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S. SOUNTHAR, J.

av W.P No.32109 of 2024 29.10.2024 5/5