Madras High CourtWP/10608/2021disposed of

V.Sekar v. The Chief Secretary

2021-06-14Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 10608 of 2021 V.Sekar, S/o. T.Vembuli ... Petitioner

Versus

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-600 009.

2. The District Collector, Chengalpattu District, Chengalpattu-603 002,

3. The Tahsildar, Vandalur Taluk Office, Ottari, Peerkankaranai, Tamil Nadu-600 048.

4. The Head of the Surveyor, Surveyor Department, Vandalur Taluk Office, Ottari, Peerkankaranai, Tamil Nadu - 600 048.

5. The Village Administrative Officer, Kalvai Village Panchayat, Chempakkam Post, Chengalpattu District-603 108.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st, 2nd and 3rd respondents to take appropriate action to measure the petitioner's above mentioned land about 3 3⁄4 (1.5 are) in Survey No.238/1C1 at No.21, Kalvai Village Panchayat, Thiruporur Sub-Registration, Vandalur Taluk, Chengalpattu District through registration document No.6637 of 2020 on 05.08.2020, joint patta No.1433 on the petitioner representation letter dated 25.01.2021.

For Petitioner : Mr.A.Ramesh Manikandan For Respondents : Mr.K.M.D.Muhilan, Govt. Advocate for R1 to R5

O R D E R

(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the respondents to measure the petitioner's land in Survey No.238/1C1 at No.21, Kalvai Village Panchayat, Thiruporur Sub-Registration, Vandalur Taluk, Chengalpattu District.

2. The grievance of the petitioner is that, he has purchased the property to an extent of 3 3⁄4 cents in the above said Survey Number from one V.Shanthi in the year 2012. Alleging that adjacent owners are trying to encroach his land, the petitioner has filed an application before the respondents 1 to 3 to measure his land as per the sale deed vide document No.5253 of 2012 dated 23.05.2012, and he has also paid necessary fees for the same. But, so far, his application was not considered and no action has been taken on it. Hence, the present Writ Petition has been filed by the petitioner.

3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the respondents 3 and 4 are directed to consider the petitioner's application and to measure the property after giving notice to the petitioner as well as rival claimants, if any within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rpp To