P.Dhanalakshmi v. The District Collecto

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2018

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P.No.34318 of 2018 P.Dhanalakshmi .. Petitioner Vs.

1. The District Collector, Singara Vellan Maligai, Chennai - 600 001.

2. The Tahsildar, Sholinganallur, Chennai.

3. The Assistant Commissioner of Police, Neelangarai Range, Chennai.

4. The Inspector of Police, Neelangarai Police Station, Chennai.

5. Illiyas Hussain .. Respondents PRAYER:

The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to visit survey and lay boundary stones on the petitioner's property situated at Chennai - 600 115, Kanchipuram District, Sholinganallur, Injambakkam Village, Gangaiamman Koil Street, Patta No.6650, Survey No.32/2B2A2 to an extent of 12.50 acres with the aid of the 4th respondent by consider the petitioner's representation dated 08.10.2018 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.A.Sathish Kumar For 1st to 4th Respondents : Mr.E.Balamurugan Special Government Pleader - - - - -

O R D E R

The present Writ Petition has been filed for issuance of a Writ of Mandamus to direct the 2nd respondent to survey the land and lay boundary stones on the petitioner's property situated in Patta No.6650, Survey No.32/2B2A2, Gangaiamman Koil Street, Injambakkam Village, Kanchipuram District, Chennai - 600 115.

2. According to the learned counsel appearing for the petitioner, the petitioner is an owner of the above-mentioned property and when she had visited her property, the 5th respondent, who is no way connected with her property, had threatened the petitioner with dire consequences and restricted her to enter the property. Hence, the petitioner made a representation on 08.10.2018 before the 4th respondent to give adequate police protection to visit her property and also, on the same day, made another representation before the 2nd respondent to survey the land and lay boundary stones on her property, but, the same are yet to be disposed of by the respondents.

3. Heard Mr.A.Sathish Kumar, learned counsel appearing for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader appearing for respondents 1 to 4.

4. It is the fact that there is a dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein are waiting for their properties to be surveyed.

Hence, the second respondent/Tahsildar, Sholinganallur, 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, 5th respondent and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar asi

To

1. The District Collector, Singara Vellan Maligai, Chennai - 600 001.

2. The Tahsildar, Sholinganallur, Chennai.

3. The Assistant Commissioner of Police, Neelangarai Range, Chennai.

4. The Inspector of Police, Neelangarai Police Station, Chennai.

+1cc to Mr.K.Haridharan, Advocate, S.R.No.89317 W.P.No.34318 of 2018 RGN(CO) CS/11/01/2019