Thiru.J.Paramanantham v. The District Collector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No. 11974 of 2016 J.Paramanantham ... Petitioner Vs.

1. The District Collector of Chennai Collectorate, Singaravelan Maligai, Chennai - 1

2. The Revenue Divisional Officer, RDO's Office, Singaravelan Maligai, V-floor, Chennai - 1.

3. The Tahsildar, Taluk Office, Purasawalkam Taluk, Periyamedu, Chennai - 3 ... Respondents Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 23.03.2016 and duly appoint a surveyor and effect the measurement of the land.

For Petitioner : Mr. Thanga Vadhana Balakrishnan For respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2. The petitioner has come forward with the present Writ of Mandamus directing respondents to consider the representation dated 23.03.2016.

3. The petitioner has purchased a house site measuring to an extent of 12,713 sq.ft in Survey No.3142 of Purasaiwalkam Village, Chennai, by way of registered sale deeds bearing Document Nos.2410, 2411, 2412 of 1971, dated 29.12.1961 from one Sundar Lal Nagatha. Out of which, the petitioner sold 3420 sq.ft to one V.C.Damodaran, vide Doc.No.2424/1971, dated 30.12.1971, 4000 sq.ft to one R.Marimuthu & R.Kalidas vide Doc.No.675/1972, dated 17.04.1972 and 1950 sq.ft to Babu Nirmala, vide Doc.No.65/1972, dated 19.01.1972. After the above sale, remaining extent of 3343 sq.ft was in possession of the petitioner. At this stage, the petitioner wants to gift the said 3343 sq.ft to his sons J.P.Anand Banu and J.P.Hari Babu. Hence, the petitioner made a representation to the respondents on 23.03.2016 for surveying the said land. But, till date, no steps have been taken for surveying the said land. Hence, the present writ petition.

4. Heard the submissions of learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents.

5. Considering the facts and circumstances, without going into the merits of the claim of the petitioner, this Court directs the third respondent to consider the representation of the petitioner dated 23.03.2016 and pass an appropriate order, within a period of four weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the necessary parties, if any.

6. The writ petition is disposed of accordingly. No costs.

mrp -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The District Collector of Chennai Collectorate, Singaravelan Maligai, Chennai - 1

2. The Revenue Divisional Officer, RDO's Office, Singaravelan Maligai, V-floor, Chennai - 1.

3. The Tahsildar, Taluk Office, Purasawalkam Taluk, Periyamedu, Chennai.

+ 1 cc to Govt.Pleader SR 20558 + 1 cc to Mr.Thanga Vadhana Balakrishnan, Advocate SR 20030 rv(co) prk18/4 W.P.No.11974 of 2016