Madras High CourtWP/2832/2019disposed of

Renuka Devi v. The Tahsildhar,

2019-01-31Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.01.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.2832 of 2019 R.Renukadevi Petitioner Vs

1. The Tahsildhar, Ayanavaram Taluk, Ayanavaram, Chennai-600 023.

2. The Head Surveyor, Ayanavaram Taluk, Ayanavaram, Chennai-600 023.

Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's patta application dated 02.12.2018 and consequently survey the land and rectify the error or issue Separate Patta in favour of the petitioner's land situated at Chennai- 600 099, Kollathur, Door No.40/34, Bagavathi Amman Street, Block No.58, Survey No.147/1, within a period fixed by this Court. For Petitioner : Mr.K.Saravanan For Respondents: 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 1 and 2 to consider the petitioner's patta application dated 02.12.2018 and consequently survey the land and rectify the error or issue Separate Patta in favour of the petitioner's land situated at Door No.40/34, Bagavathi Amman Street, Block No.58, Kollathur, Chennai- 600 099, Survey No.147/1, within a period fixed by this Court.

3. The case of the petitioner is that the petitioner submitted an application to the respondents on 02.12.2018, seeking to issue separate patta in respect of the aforesaid property, by surveying the same. As the same did not evoke any response, the petitioner has come forward with this Writ petition seeking for the aforesaid relief.

4. The learned counsel appearing for the petitioner would submit that the petitioner has also paid necessary fees for surveying the land.

5. Heard Mr.V.Shanmugasundar, learned Special Government Pleader who takes notice on behalf of the respondents. 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 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 //True copy// Sub Assistant Registrar arr To

1. The Tahsildhar, Ayanavaram Taluk, Ayanavaram, Chennai-600 023.

2. The Head Surveyor, Ayanavaram Taluk, Ayanavaram, Chennai-600 023.

+1cc to Mr.K.Saravanan, Advocate SR.No.7997 +1cc to Government Pleader, High Court, Madras SR.No.9115 W.P.No.2832 of 2019 GP(CO) GMY(22/02/2019)