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Madras High CourtWP/11766/2016disposed of

S.Sivanesan v. The Thasildhar

2016-04-01Honourable Mr Justice R.Subbiah3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.11766 of 2016 S.Sivanesan ... Petitioner Vs.

1.The Tahsildar, Sriperumbudur Taluk Office, Kancheepuram District.

2.The District Collector, Kancheepuram Collector Office, Kancheepuram District.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents, particularly, the first respondent to order and direct the Taluk Surveyor attached to this office to survey and demarcate the boundaries of the land measuring 19 cents comprised in Survey No.540/2D2 pursuant to the application of the petitioner dated 8.3.2016.

For Petitioner : Ms.V.Kalaivani For Respondents : Mr.P.Sanjay Gandhi, Addl. Govt. Pleader.

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents, particularly, the first respondent to order and direct the Taluk Surveyor attached to his office to survey and demarcate the boundaries of the land measuring to an extent of 19 cents comprised in Survey No.540/2D2 pursuant to his application dated 8.3.2016.

3. It is the case of the petitioner that he is the absolute owner of the property in Survey No.540/2D2, comprised in an area of 19 cents situated in Padappai Village, Sriperumbudur Taluk, Kancheepuram District, having purchased the same by way of registered sale deed dated 26.11.1981 vide document No.6787 of 1981 before the Sub Registrar, Tambaram. Further, he has also purchased 8 cents from one Pushpammal by way of registered sale deed dated 8.12.1981 vide document No.7001 of 1981 before the Sub Registrar, Tambaram. While so, one Manoharan and Palani interfered with his peaceful possession and enjoyment of the said properties. Hence, the petitioner filed a civil suit in O.S.No.2333 of 1985 before the District Munsif Court, Poonamallee for declaration and permanent injunction. The said suit was decreed in favour of the petitioner on 24.

10.1994. Even after obtaining a decree in his favour, the said Manoharan and Palani along with their henchmen interfered with the petitioner's peaceful possession and enjoyment of the properties. Hence, in order to fix the boundaries of his property, the petitioner sent a letter dated 1.6.2015 to the respondents to make a visit and measure his properties and lay out the milestone. But, the respondents have not taken any action on the said letter. Finally, the petitioner made a representation dated 8.3.2016 to the respondents seeking to survey and demarcate the boundaries of the land measuring to an extent of 19 cents comprised in Survey No.540/2D2. Since the same was also not considered so far, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who has taken notice on behalf of the respondents.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the first respondent to consider the representation of the petitioner dated 8.3.2016 seeking to survey and demarcate the boundaries of his land measuring 19 cents comprised in Survey No.540/2D2, and pass appropriate orders / take appropriate action, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the claim made by the petitioner and it is for the first respondent to consider the claim of the petitioner

strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

sbi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Tahsildar, Sriperumbudur Taluk Office, Kancheepuram District.

2.The District Collector, Kancheepuram Collector Office, Kancheepuram District.

+ 1 cc to Ms.V.Kalaivani, Advocate Sr 20695 + 1 cc to The Govt.Pleader, Sr 20931 KR/18/4/16 W.P.No.11766 of 2016