S.Ramamoorthi v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.6.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10672 of 2018 1 S.Ramamoorthi S/o Subbaraya Pillai, No.19, Redhills road, Ram Nagar, Ambattur, Chennai-53.
...PETITIONER Vs.
1 The District Revenue officer, O/o. the Collectorate, Thiruvellore district, Thiruvellore.
2 The Revenue Divisional Officer, Ambattur Road, Ambattur, Chennai - 53.
3 The Assistant Settlement Officer(North), Office of the principal Secretarty & Commissioner of land survey and Settlement, Chepauk, Chennai 600 005.
4 The Assistant Director, Survey and Settlement, Chepauk Chennai -05 5 The Tashildar Ambattur Taluk, Chennai 54.
6 The Special Tahsildar, Town and Natham Nilavari Thittam, Ambattur, Chennai -53.
...RESPONDENTS Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to conduct a survey of the Survey Field No.602/7 in C schedule property and the portion comprised in the approved layout No.250/1967 and also the petitioners plot in the said layout bearing plot No.45B present Door No.19/7 Redhills Road, Ram Nagar, Ambattur and issue patta in petitioner's favour in accordance with law.
For Petitioner : Mr.R.Priyakumar For Respondents : Mrs.P.Rajalakshmi, A.G.P.
O R D E R
The petitioner claims to be a retired Central Government staff and a pensioner. He also claims to be the absolute owner of the immovable property consisting of Housing plot and house building in the premises bearing Plot No.45/B, presently door No.19, Redhills Road, Ram Nagar, Ambattur comprised in survey No.602/7 admeasuring about 3730 sq.ft. in approved layout No.T.P./DTP 250 of 1967 having purchased out of his own hard earned money for a valuable consideration from M/s.Tiffin's Barytes, Asbestor and Paints Ltd. and others under sale deed, dated 10.12.1981. He has been in peaceful possession and enjoyment of the property. On 18.7.
2016, an officer from the Highways department, without any notice marked a portion of his property and also threatened that he would start digging his land after removing his building stating that the land is required for Highways department, inspite of strong objection and explanation given to them. Highways department is attempting to usurp a sizeable portion of his property without following the procedure prescribed under law. Therefore, the petitioner in order to avoid confrontation with the respondent department, gave representation to the Assistant Divisional Engineer, State Highways, Avadi, Chennai on 18.7.2016 requesting them not to interfere with the peaceful possession and enjoyment of his property. Finding no response, the petitioner has filed writ petition in W.P.No.
24109 of 2016 praying for injunction restraining the authorities from proceeding with digging of the land in question.
2. The learned Additional Govt. Pleader appearing for the respondents submitted that the petitioner has filed the present writ petition without impleading necessary parties viz., Surveyor, Office of Assistant Director of Survey and Settlement. However, Assistant Director of Survey and Settlement has been impleaded as 4th respondent.
3. In view of the above, this Court directs the respondents 4 and 5 to consider the pending representation given by the petitioner and survey the petitioner's land comprised in Survey Field No.602/7 in C schedule property and the portion comprised in the approved layout No.250/1967 and also the petitioner's plot in the said layout bearing plot No.45-B present Door No.19/7 Redhills Road, Ram Nagar, Ambattur and measure the land within a period of eight weeks from the date of receipt of copy of this order.
4 The writ petition is disposed of with the above directions. No costs.
s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar vaan To 1 The District Revenue officer, O/o. The Collectorate, Thiruvellore district, Thiruvellore.
2 The Revenue Divisional Officer, Ambattur Road, Ambattur, Chennai - 53.
3 The Assistant Settlement Officer(North), Office of the principal Secretarty & Commissioner of land survey and Settlement, Chepauk, Chennai 600 005.
4 The Assistant Director, Survey and Settlement, Chepauk Chennai -05 5 The Tashildar Ambattur Taluk, Chennai 54.
6 The Special Tahsildar, Town and Natham Nilavari Thittam, Ambattur, Chennai -53. +1 CC to Mr.R. Priya Kumar, Advocate sr 37440. +1 CC to Govt. Pleader sr 37583.
W.P.No.10672 of 2018 SP(05/07/2018)