S.Manivelu v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.01.2019
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.2472 of 2019 S.Manivelu Petitioner Vs
1. The Tahsildar, Ambattur Taluk, Tiruvallur District, Chennai 600 053.
2. The Assistant Director, District Survey Office, Tiruvallur District.
3. The Deputy Inspector of Surveyor, Ambattur Taluk, Tiruvallur District.
4. The Town Surveyor, Ambattur Taluk, Tiruvallur District.
Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to take immediate action and fix 'F' line of the petitioner's property in New Survey No.16/20 and 16/24 relating to the old Survey Nos.654/1 and 654/2 based on the Sale Deed dated 12/08/1969 registered as Document No.3072 of 1969 and Sale Deed dated 12/08/1969 registered as Document No:3074 of 1969 and effect survey under the provision of Tamil Nadu Survey and Boundaries Act, 1923, in pursuance of the petitioner's Application dated 01.10.2018, and issue the results thereof to the petitioner in a time bound manner.
For Petitioner : Mr.S.Rajmakesh For Respondent : Mr.V.Shanmugasundar, Special Government Pleader
O R D E R
By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.
2.The petitioner has come up with this Writ Petition seeking a direction to the respondents herein to take immediate action and fix 'F' line of the petitioner's property in New Survey No.16/20 and 16/24 relating to the old Survey Nos.654/1 and 654/2 based on the Sale Deed dated 12/08/1969 registered as Document No.3072 of 1969 and Sale Deed dated 12/08/1969 registered as Document No:3074 of 1969 and effect survey under the provision of Tamil Nadu Survey and Boundaries Act, 1923, in pursuance of the petitioner's Application dated 01.10.2018, and issue the results thereof to the petitioner in a time bound manner.
3. The case of the petitioner is that the petitioner submitted an application to the respondents on 01.10.2018 seeking to survey the petitioner's property. As the same also did not evoke any response, the petitioner has come forward with this Writ petition seeking for the aforesaid relief.
4. Heard Mr.V.Shamugasundar, learned Special Government Pleader who takes notice on behalf of the respondents.
5. The learned counsel appearing for the petitioner would submit that the petitioner has also paid necessary fees vide challan dated 01.10.2018 to the respondents for surveying the land.
6.
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 petitioner herein waiting their properties to be surveyed. Hence, the respondents 1 to 4 are directed to have a list of such request 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, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and others, if any interested in the matter.
7. With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar arr To
1. The Tahsildar, Ambattur Taluk, Tiruvallur District, Chennai 600 053.
2. The Assistant Director, District Survey Office, Tiruvallur District.
3. The Deputy Inspector of Surveyor, Ambattur Taluk, Tiruvallur District.
4. The Town Surveyor, Ambattur Taluk, Tiruvallur District.
+2ccs to Mr.S.Rajmakesh, Advocate SR.No.7012 (13/03/2019) W.P.No.2472 of 2019 SR(CO) GMY(18/02/2019)