Madras High Court
M.Krishna Parayaner vs The District Collector on 4 February, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.2516 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.2516 of 2021
M.Krishna Parayaner ... Petitioner
-Vs-
1. The District Collector,
Collectorate, Chengalpattu District.
2. The Taluk Surveyor,
Office of the Madurantakkam TK,
Madurantakkam,
Chengalpattu District.
3. D.Vaithilingam
(R3 impleaded as per order
dated 04.02.2022 made in
W.M.P.No.8226 of 2021 in
W.P.No.2516 of 2021) ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the second
respondent to consider the petitioner's request which was made on 11.01.2021
and to make a survey in S.No.167/3 contemplated the Sale Deed No.2390 of
2006, dated 13.07.2007 and made and pass such other further order or orders
as this Hon'ble Court may deem fit and proper in the circumstances of the case.
https://www.mhc.tn.gov.in/judis
Page 1 of 4
W.P.No.2516 of 2021
For Petitioner : Mr.P.Vijendran
For R1 and R2 : Mr.S.Rajesh
Government Advocate
For R3 : Ms.G.Shabnam
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's request which was made on 11.01.2021 and to make a survey in S.No.167/3 as contemplated in the Sale Deed No.2390 of 2006, dated 13.07.2007 and made and pass such other further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. Heard Mr.P.Vijendran, learned counsel appearing for the petitioner, Mr.S.Rajesh, learned Government Advocate appearing for the respondents 1 and 2 and Ms.G.Shabnam, learned counsel appearing for the third respondent.
3. The petitioner made a request before the second respondent to make a survey in the land comprised in S.No.167/3 as contemplated in the sale deed, dated 13.07.2007, registered vide Sale Deed No.2390 of 2006. The https://www.mhc.tn.gov.in/judis Page 2 of 4 W.P.No.2516 of 2021 competent authority to consider the application to survey the subject land is Thasildar.
4. Considering the above, the petitioner is at liberty to submit a fresh application before the concerned Thasildar to survey the subject property. On receipt of the said request and on payment of requisite fees, the Thasildar concerned is directed to issue notice to the petitioner, the third respondent and adjacent owners if any and after giving an opportunity of hearing to them, pass orders to survey the subject land, within a period of twelve weeks thereafter.
5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
04.02.2022 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn https://www.mhc.tn.gov.in/judis Page 3 of 4 W.P.No.2516 of 2021 G.K.ILANTHIRAIYAN, J.
mn To
1. The District Collector, Collectorate, Chengalpattu District.
2. The Taluk Surveyor, Office of the Madurantakkam TK, Madurantakkam, Chengalpattu District.
W.P.No.2516 of 2021
04.02.2022 https://www.mhc.tn.gov.in/judis Page 4 of 4