P.Madhavan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.01.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.2983 of 2019 P.Madhavan Petitioner Vs

1. The Tahsildar, Chengalpattu.

2. The Village Administrative Officer, Nedunkundram Village, Kanchipuram District.

3. The Surveyor, Nedunkundram Village, Kanchipuram District.

Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent and third respondent herein to consider the petitioner's patta Application dated 20.12.2018 and consequently survey the land situated at Chennai South District, Tambaram Sub-Registration Office, Chengalpattu, M.G.R. District, Kattangulathur Panchayat Union, Nedungundram Panchayat No.9, Survey No.74/2 total extent of 69 cents, and transfer the patta in favour of the petitioner which stands in the name of the predecessor, within a period fixed by this Court. For Petitioner : Mr.E.Jaisangar For Respondents : Mr.S.Soundhararajan Government Advocate

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 first and the third respondents herein to consider the petitioner's patta Application dated 20.12.2018 and consequently survey the land situated at Chennai South District, Tambaram Sub-Registration Office, Chengalpattu, M.G.R. District, Kattangulathur Panchayat Union, Nedungundram Panchayat No.9, Survey No.74/2 total extent of 69 cents, and transfer the patta in favour of the petitioner which stands in the name of the predecessor, within a period fixed by this Court.

3. The case of the petitioner is that the petitioner submitted a representation to the first respondent on 20.12.2018, seeking to survey the aforesaid property and to issue patta in his favour. 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.S.Soundhararajan, learned Government Advocate who takes notice on behalf of the respondent. 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 petitioner herein waiting their properties to be surveyed. Hence, the respondent is 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.

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

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar arr To

1. The Tahsildar, Chengalpattu.

2. The Village Administrative Officer, Nedunkundram Village, Kanchipuram District.

3. The Surveyor, Nedunkundram Village, Kanchipuram District.

+1 cc to Mr.E.Jaisangar, Advocate, S.R.No.7998 +1 cc to the Government Pleader, S.R.No.9136 W.P.No.2983 of 2019 GJ(CO) SSM(19/02/2019)