M.Balasundram v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.01.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.2312 of 2019 M.Balasundram .. Petitioner Vs.

1. The Tahsildar, Ambattur, Chennai.

2. The Deputy Commissioner of Police, Ambattur Range, Chennai.

3. The Inspector of Police, T-7, Tank Factory Police Station, Avadi, Chennai.

4. Hindustan Petroleum Corporation Limited, Rep.by its Managing Director, No.88, PT Krishnamachari Road, Alwarpet, Chennai - 600 018.

5. M.Ramamurthy,

6. R.Sureshkumar .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 30.10.2018 to survey the petitioner's land, sub-divide and lay boundary stones, with the aid of the third respondent at the petitioner's property situated at Thiruvallur District, Ambattur Taluk, Avadi Road, Kovil Pathagai Village, No.12, to an extent of 5957sq.ft comprised in Grama Natham bearing S.No.709, Town S.No.22, with in a period fixed by this Court.

For Petitioner : Mr.M.Sathishkumar For Respondents 1 to 3 : Mr.N.Inbanathan Additional Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the first respondent to survey, sub-divide and lay boundary stones in the petitioner's land, with the aid of the third respondent, situated at Thiruvallur District, Ambattur Taluk, Avadi Road, Kovil Pathagai Village, No.12, to an extent of 5957sq.ft comprised in Grama Natham bearing S.No.709, Town S.No.22, based on his representation dated 30.10.2018.

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 30.10.2018 seeking to survey and lay boundary stones in his land, with the aid of the third respondent, situated at Thiruvallur District, Ambattur Taluk, Avadi Road, Kovil Pathagai Village, No.12, measuring to an extent of 5957sq.ft comprised in Grama Natham bearing S.No.709, Town S.No.22, but, the same is yet to be disposed of by the first respondent. Hence, the petitioner has filed this Writ Petition.

4. Heard Mr.N.Inbanathan, learned Additional Government Pleader on behalf of the respondents 1 to 3.

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 petitioners herein waiting their properties to be surveyed. Hence, the first respondent 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, respondents 4 to 6 herein and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar av To

1. The Tahsildar, Ambattur, Chennai.

2. The Deputy Commissioner of Police, Ambattur Range, Chennai.

3. The Inspector of Police, T-7, Tank Factory Police Station, Avadi, Chennai.

4. The Managing Director, Hindustan Petroleum Corporation Limited, No.88, PT Krishnamachari Road, Alwarpet, Chennai - 600 018.

+1cc to Mr.M.Sathishkumar, Advocate SR.No.6336 +1cc to Government Pleader SR.No.7566 W.P. No.2312 of 2019 GJ(CO) GMY(21/02/2019)