IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.06.2017 CORAM THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.No.40646 of 2015 Sasikala .. Petitioner Vs
1. The District Collector Rajaji Malihai Chennai Chennai District.
2. The Tahsildar Nungambakkam Taluk Chennai-600 031.
3. Firhouse Khan .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey petitioner's property and mark the boundary line by considering petitioner's representation dated 21.09.2015.
For Petitioner : Mr.M.Shankaranath For Respondents : Mr.A.N.Thambidurai, Special Government Pleader for R1 & R2 : No Appearance for R3 O R D E R The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey her property and fix the boundary line by considering her representation dated 21.09.2015.
2. Mr.A.N.Thambi Durai, learned Special Government Pleader appearing for respondents 1 and 2 submitted that in spite of sending several notices to the petitioner to appear at the time of surveying the property, the petitioner was not present at the time of surveying the property. Further the learned Special Government Pleader submitted that the third respondent was present in all the occasions for surveying the property.
3. In view of the submissions made by the learned Special Government appearing for respondents 1 and 2, I direct the 2nd respondent to send notice to the petitioner and the 3rd respondent for the presence for surveying the property and fixing the boundary line within two weeks and the petitioner is directed to be present on the date fixed by the 2nd respondent for surveying the property without fail. The petitioner is also directed to approach the 2nd respondent for ascertaining the date of survey to be conducted by the 2nd respondent. On completing the survey and fixing the boundary line exercises, the 2nd respondent shall pass appropriate orders in accordance with law within a period of four weeks from the date of survey. It is needless to say that the 3rd respondent should also be put on notice prior to the survey to be conducted by the 2nd respondent.
4. With these observations, the writ petition is disposed of. No costs.
23.06.2017 Index: No sji/vsm To
1. The District Collector Rajaji Malihai Chennai Chennai District.
2. The Tahsildar Nungambakkam Taluk Chennai-600 031.
M.DURAISWAMY,J.
sji W.P.No.40646 of 2015 23.06.2017 http://www.judis.nic.in