Disposed

D.Lilly v. the District Collector

Madras HC19 Mar 2024WP/7043/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking a survey and fixation of boundaries of the petitioner's land, the Madras High Court directed the Tahsildar to conduct an inquiry, issue notices, and complete the survey within six weeks without expressing an opinion on the merits.

What did the court decide?

Direct the Tahsildar to issue notices, conduct an enquiry, and survey the land within six weeks.

D.Lilly Vs the District Collector — Land Acquisition | Madras HC (2024)

¶1

W.P. No.7043 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 19.03.2024

¶4

Coram:

¶5

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

W.P. No.7043 of 2024

D.Lilly

… Petitioner

Versus

The District Collector

¶11

Kancheepuram District

¶12

The Tahsildar

¶13

Uthiramerur Taluk Kancheepuram District

¶14

The Head Surveyor

¶15

Uthiramerur Taluk Kancheepuram District

¶16

The Village Administrative Officer Manampathi Village Uthiramerur Taluk

¶17

Kancheepuram District

¶18

... Respondents

¶19

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to survey

¶20

1/6

¶21

https://www.mhc.tn.gov.in/judis

¶22

W.P. No.7043 of 2024

¶23

the petitioner's land in Survey No.426/2B3 to the extent of 1.04 Acres respectively situated at Manampathi Vllage, Uthiramerur Taluk, Kancheepuram District and to fix its boundaries as per revenue records within the period that may be stipulated by this Court.

¶24

For Petitioner : Mr. B.Vincent

¶25

For Respondents : Mr.T.Arun Kumar Additional Government Pleader

¶26

ORDER

¶27

This Writ Petition is filed seeking to issue a Writ of Mandamus

¶28

directing the respondents to survey the petitioner's land in Survey

¶29

No.426/2B3 to the extent of 1.04 Acres respectively situated at Manampathi Vllage, Uthiramerur Taluk, Kancheepuram District and to fix its boundaries as per revenue records within the period that may be

¶30

stipulated by this Court.

¶31

The case of the petition is that the petitioner made an application

¶32

through online on 30.06.2022 and also paid requisite fee through e-Challan

¶33

No.20220630011357 to survey the subject land and fix the boundaries.

¶34

Since, there was no response, he also made a representation to the

¶35

2/6 https://www.mhc.tn.gov.in/judis

¶36

W.P. No.7043 of 2024

¶37

respondents on 30.03.2023. However, till now the respondents have not

¶38

conducted the survey. Therefore, the present Writ Petition is filed.

¶39

Mr.T.Arun Kumar, learned Additional Government Pleader takes

¶40

notice for the respondents.

¶41

Having regard to the submissions made by the learned counsel on

¶42

either side and since the Writ Petition is filed seeking a simple Writ of Mandamus to survey the land, this Court without expressing any opinion with regard to the merits of the case, directs the 2nd respondent to consider

¶43

the petitioner's application dated 30.06.2022 and the subsequent representation dated 30.03.2023 and issue notice to the petitioner, adjacent

¶44

land owners of the four boundaries of the subject land, interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and after giving opportunity of hearing to all the parties, conduct nd enquiry in the manner known to law. After conducting enquiry, if the 2 respondent comes to the conclusion that the petitioner is otherwise

¶45

3/6 https://www.mhc.tn.gov.in/judis

¶46

W.P. No.7043 of 2024

¶47

eligible/entitled, conduct survey in the subject land with the help of 3rd and

¶48

4th respondents and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

¶49

With the above directions, this Writ Petition is disposed of at the

¶50

admission stage itself. There shall be no order as to costs.

¶51

19.03.2024

¶52

Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No

¶53

Ksa-2

¶54

4/6 https://www.mhc.tn.gov.in/judis

¶55

W.P. No.7043 of 2024

¶56

¶57

The District Collector Kancheepuram District

¶58

The Tahsildar Uthiramerur Taluk Kancheepuram District

¶59

The Head Surveyor Uthiramerur Taluk Kancheepuram District

¶60

The Village Administrative Officer Manampathi Village Uthiramerur Taluk Kancheepuram District

¶61

5/6 https://www.mhc.tn.gov.in/judis

¶62

W.P. No.7043 of 2024

P.VELMURUGAN. J.

Ksa-2

W.P. No.7043 of 2024

19.03.2024

6/6 https://www.mhc.tn.gov.in/judis

D.Lilly v. the District Collector

Case brief

What is this about?

What did the court decide?

D.Lilly v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.Jaganathan, Vs The Sub Registrar

S.Jhansi Rani, Vs the District Collector

Boovaragamoorthy Vs the Inspector General of Registration

K.Ramaswamy Vs Land Acquisition Cum District Collector

M.Palaniappan Vs Union Territory of Puducherry

Shyamaladevi Vs the Commissioner of Land Administration