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Madras High CourtWP/30530/2018disposed of

E.Nancy v. The District Collector

2018-11-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018

CORAM

THE HONOURABLE MR.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30530 of 2018 E.Nancy

...Petitioner

..Vs..

1.The District Collector, District Collectorate, Beach Road, Chennai - 600 001.

2.The Tahsildar, Taluk Office, Aminjikarai, Chennai.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to survey the petitioner's land in Survey No.207/24 Part, Old Survey No.233, Anna Nagar, Block No.30, T.S.No.22, Door No.5C, 14th Main Road, Thirumangalam Village, Aminjikarai Taluk for an extent of 2310 sq.ft on the petitioner's petition dated 09.12.2017 and 31.08.2018. For Petitioner : Mr.S.Radhakrishnan For Respondents: Mr.S.Sureshkumar Government Advocate

O R D E R

By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for a direction to the second respondent to survey the petitioner's land in Survey No.207/24 Part, Old Survey No.233, Anna Nagar, Block No.30, T.S.No.22, Door No.5C, 14th Main Road, Thirumangalam Village, Aminjikarai Taluk for an extent of 2310 sq.ft on the petitioner's petition dated 09.12.2017 and 31.08.2018.

3. The case of the petitioner is that initially the petitioner submitted a representation to the respondents on https://hcservices.ecourts.gov.in/hcservices/

09.12.2017, seeking to survey the petitioner's land in Survey No.207/24 Part, Old Survey No.233, Anna Nagar, Block No.30, T.S.No.22, Door No.5C, 14th Main Road, Thirumangalam Village, Aminjikarai Taluk. On receipt of the same, the first respondent by proceedings dated 19.12.2018, directed the second respondent to survey the land. Since, no action was taken by the second respondent, the petitioner again submitted a representation to the respondents on 31.08.2018. As the same also did not evoke any response, the petitioner has come forward with this Writ petition seeking for the aforesaid relief.

4. Heard the learned counsel for the petitioner, as well as learned Government Advocate who takes notice on behalf of the respondent.

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 request 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, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and others, if any interested in the matter.

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

arr/rst Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar To 1.The District Collector, District Collectorate, Beach Road, Chennai - 600 001.

2.The Tahsildar, Taluk Office, Aminjikarai, Chennai +1cc to Mr.S.Radhakrishnan, Advocate, S.R.No.78965 +1cc to the Government Pleader, S.R.No.79601 W.P.No.30530 of 2018 MP(CO) kak(18/12/2018) https://hcservices.ecourts.gov.in/hcservices/