Gajendiran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.31359 of 2018 Gajendiran .. Petitioner Vs.

1. The District Collector, Kanchipuram District.

2. The Thasildar, Pallavarm, Kanchipuram District.

3. The Head Surveyor, Pallavaram Taluk, Kanchepuram 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 take appropriate action upon the petitioner's application dated 11.06.2018 to survey the petitioner's land in survey No.436/15 at Malaiyampakkam Village, Sriperumadur Taluk, Kanchipuram District, within the specific period of time fixed by this Hon'ble Court.

For Petitioner : Mr.M.Prabakar For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the 2nd respondent to take appropriate action upon the petitioner's application dated 11.06.2018 to survey his land in Survey No.436/15 situated at Malaiyampakkam Village, Sriperumadur Taluk, Kanchipuram District.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 11.06.2018 for surveying his land, but, the same is yet to be disposed of by the respondents. It is stated that the petitioner has paid necessary charges to survey his property vide challan dated 11.06.2018. Hence, the petitioner is before this Court.

4. Heard Mr.E.Balamurugan, learned Special Government Pleader on behalf of the respondents.

5. It is the fact that there is dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their properties to be surveyed. Hence, the second respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar av/rsi To

1. The District Collector, Kanchipuram District.

2. The Thasildar, Pallavarm, Kanchipuram District.

3. The Head Surveyor, Pallavaram Taluk, Kanchepuram District.

+1cc to Mr.M.Prabakar, Advocate sr.no.81307 +1cc to Government Pleader sr.no.81726 W.P. No.31359 of 2018 nr 18/12/2018