B.Chandrakumar, v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.10879 of 2015 B.Chandrakumar .. Petitioner

Versus

1. The Government of Tamil Nadu, Rep. by the Secretary to the Government, Department of Revenue, Fort St. George, Chennai - 9.

2. The Director, Land Survey Department, District Collectorate, Chennai - 1

3. The Tahsildar, Egmore-Nugambakkam Taluk, Chennai - 31.

4. Right to Information Officer / Assistant Commissioner, Tamil Nadu Archives Egmore, Chennai - 600 008.

5. Deputy Director, Land Survey Department, Ezhilagam, Chepauk, Chennai - 5.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents to furnish to the petitioner certified xerox copies of the survey sketch pertaining to (A) the property bearing S.No.368, Inam Paimash No.870 (part) southern Half in Pulliyur Kodambakkam Madras in Kannaka Maniyam of an extent of 9 grounds and 2200 sq.ft., out of the total extent of 1 acre and 6 cents and (B) the property bearing Punja Survey No.871(part), Pulam 370/2 Souther Half comprised in Pulliyur Kodambakkam Madras of an extent of 4 Grounds and 1124 sq.ft out of the 1 acre; including the Town Survey numbers for the same.

For Petitioner : Mr.Perumbulavil Radhakrishnan For Respondents : Mr.R.Vijayakumar Additional Government Pleader.

O R D E R

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

2. The petitioner claims that his father late M.Balasubramaniam, has purchased the properties viz., (i)property bearing S.No.368, Inam Paimash No.870 (part) southern Half in Pulliyur Kodambakkam Madras in Kannaka Maniyam of an extent of 9 grounds and 2200 sq.ft.,out of the total extent of 1 acre and 6 cents.

(ii)property bearing Punja Survey No.871(part), Pulam No.370/2, Southern Half comprised in Pulliyur Kodambakkam Madras of an extent of 4 grounds and 1124 sq.ft., out of 1 acre through a registered Sale Deed dated 14.09.1960 bearing Document No.3228 of 1960 and after his father's demise, petitioner along with his brother and mother succeeded to the estate.

3. The petitioner would further submit that he made several attempts to get the Town Survey Number of the property and certified copy of the survey sketch, by submitting an application to respondents 2 to 5 and also invoking the provisions of Right to Information Act and inspite of the 5th respondent forwarding his representation to the third respondent, through the 4th respondent to furnish the required information, he has not been favoured with any response and hence, came forward to file this writ petition.

4. Heard the submissions of Mr.Perumbulavil Radhakrishnan, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice for the respondents.

5. Though, the petitioner has prayed for a larger relief, in the facts and circumstances of this case, this Court is of the view that it would be suffice to direct the 3rd respondent to consider and dispose of the representation dated 23.02.2013 submitted by the petitioner on merits and in accordance with law, within a stipulated time frame.

6. In the result, this Court, without going into the merits of the said representation, directs the 3rd respondent to consider and dispose of the representation dated 23.02.2015 submitted by the petitioner on merits and in accordance with law and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

7. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars To 1.The Secretary to the Government, The Government of Tamil Nadu, Department of Revenue, Fort St. George, Chennai - 9.

2. The Director, Land Survey Department, District Collectorate, Chennai - 1

3. The Tahsildar, Egmore-Nugambakkam Taluk, Chennai - 31.

4. Right to Information Officer / Assistant Commissioner, Tamil Nadu Archives Egmore, Chennai - 600 008.

5. Deputy Director, Land Survey Department, Ezhilagam, Chepauk, Chennai - 5.

1 cc to Government Pleader,Sr.No21133 W.P.No.10879 of 2015 kji(co) pmk.4.5.2015