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Madras High CourtWP/3237/2025allowed

K.Harikumar v. The District Collector

2025-01-30Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.3587 of 2025 1.K.Harikumar 2.K.Prabakaran

...Petitioners

Vs 1.The District Collector Thiruvallur.

2.The Director Land Survey and Settlement Chepauk, Chennai - 600 005 3.The Thasildar Poonamallee Chennai - 600 056.

4.The Executive Director State Highways Department Thiruvallur 5.The Commissioner Poonamallee Municipality Chennai.

...Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents herein to fix the boundaries for survey Nos.254 and 255, Kattupakkam village, Poonamallee Taluk, Thiruvallur District which is classified as Road Poromboke based on the Topo sketch and revenue records so as to identify the petitioners properly contained in patta 740 Kattupakkam Village, Poonamallee Taluk, Thiruallur District. For Petitioners : M/s.Dakshiyani Reddy Senior counsel for M/s.S.Suneetha For Respondents : Mr.P.Sathish(For R1 to R4) Additional Government Pleader

ORDER

The Writ Petition has been filed for the following relief:- To direct the respondents herein to fix the boundaries for survey Nos.254 and 255, Kattupakkam village, Poonamallee Taluk, Thiruvallur District which is classified as Road Poromboke based on the Topo sketch and revenue records so as to identify the petitioners properly contained in patta 740 Kattupakkam Village, Poonamallee Taluk, Thiruallur District.

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2.Heard the learned counsels on either sides and perused the records. The learned Additional Government Pleader takes notice on behalf of the respondents 1 to 4.

3.The patta shows that the properties in S.Nos.246/2, 246/3 & 246/4 are Ryotwari land. The status report filed by the Tahsildar in contempt proceedings is totally in contradiction to the patta that has been granted by the very same official. Therefore, there shall be a survey of the three survey numbers which belongs to the petitioners, as also the highway which is situate in S.No.255 and the water body which is said to be situated in S.No.246. A comprehensive sketch showing all the survey numbers and the nature of the lands shall be filed into this Court by 24.02.2025.

4.It is informed by Mr.Sathish, the learned Additional Government Pleader that the officials were confined in the premises by the petitioners, which statement is no doubt refuted by the learned Senior counsel for the petitioner. Both the petitioner and the respondents ensure no untoward incident will occur during the survey. The Police 3/6

authorities shall be present during the survey. For compliance, post on 24.02.2025.

5.With the above directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The District Collector Thiruvallur.

2.The Director Land Survey and Settlement Chepauk, Chennai - 600 005 3.The Thasildar Poonamallee Chennai - 600 056.

4.The Executive Director State Highways Department Thiruvallur 5.The Commissioner Poonamallee Municipality Chennai.

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P.T.ASHA , J, ep W.M.P.No.3587 of 2025 (2/2) 5/6

W.M.P.No.3583 of 2025 in W.P.No.3237 of 2025 P.T.ASHA.J., Ordered on payment of single court fee.

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