Pushpa v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3481 of 2025 Mrs.Pushpa ..Petitioner Vs.

1. The Collector, Office of Collector Tiruvallur, Tiruvallur District.

2. The Tashildar, Office of Tashildar Avadi, Office at No.43, Modern City, Deena Dayalan Nagar, Pattabiram, Tamil Nadu - 600 054

3. The Surveyor, Office of Surveyor Kovilpathagai Village, Office at No.43, Modern City, Deena Dayalan Nagar, Pattabiram, Tamil Nadu - 600 054 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 and 3 to consider the representation dated 21.11.2024 to survey the land comprised in Survey No.625/7A measuring about 0.32 Cents at Kovilpathagai Village, Avadi Firka, 1/5

Tiruvallur District within and to determine and establish the metes and bounds of the petitioner property as per the revenue records. For Petitioner : Mr.D.Thirugnanam For Respondents : Mr.M.R.Gokula Krishnan Additional Government Pleader for R1 to R3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents 2 and 3 to deal with the representation made by the petitioner on 21.11.2024 wherein the petitioner is seeking for survey and measurement of the subject property for fixing the boundaries. 2.

Heard Mr.D.Thirugnanam, learned counsel for the petitioner and Mr.M.R.Gokula Krishnan, learned Additional Government Pleader for respondents 1 to 3.

3.

The case of the petitioner is that she is the absolute owner of the subject property and the patta also stands in her name as per the Avadi Town Survey Field Register. The grievance of the petitioner is that the neighboring 2/5

owner started disturbing the boundaries and hence, the petitioner wanted a survey to be conducted in the subject property and the property to be measured to fix the boundaries. A representation was made in this regard by paying the necessary charges. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 4.

Taking into consideration the facts and circumstances of the case and considering the materials available before this Court, there shall be a direction to the petitioner to submit a fresh application seeking for the survey of the property by paying the necessary charges. On receipt of the same, the 2nd respondent shall act upon the application and conduct the survey in line with the title document relied upon by the petitioner and the Town Survey Field Register that stands in the name of the petitioner. This process shall be completed within a period of four weeks from the date of receipt of the application from the petitioner. Such survey shall be conducted in the presence of the person, who is disputing the boundaries.

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5.

This writ petition is disposed of with the above directions. No costs.

06.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To

1. The Collector, Office of Collector Tiruvallur, Tiruvallur District.

2. The Tashildar, Office of Tashildar Avadi, Office at No.43, Modern City, Deena Dayalan Nagar, Pattabiram, Tamil Nadu - 600 054

3. The Surveyor, Office of Surveyor Kovilpathagai Village, Office at No.43, Modern City, Deena Dayalan Nagar, Pattabiram, Tamil Nadu - 600 054 4/5

N. ANAND VENKATESH, J.

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