Mrs. J.R. Vedharanjini 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.10674 of 2018 1 J.R. Vedharanjini W/o late P.S.James, No 15/4 Red hills 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 my plot in the said layout bearing Plot No.44 present Door No.15/4 Red Hills Road, Ram Nagar, Ambattur comprised in Survey no 602/7 and issue patta in my 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 Government School teacher and a pensioner. She also claims to be the absolute owner of the immovable property consisting of residential building bearing Plot No.44, present door No.15/4, Redhills Road, Ram Nagar, Ambattur comprised in survey No.602/7 admeasuring about 5270 sq.ft. in approved layout No.T.P./DTP 250 of 1967 having purchased jointly along with her Sister-in-law viz., Ms.P.S.Suseela for a valuable consideration from M/s.Tiffin's Barytes, Asbestor and Paints Ltd. and others under sale deed, dated 10.4.1981. Subsequently, said property was partitioned with Suseela. After partition, she obtained patta vide No.1943, dated 12.11.1997 , constructed a building and they have 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 her property and also threatened that he would start digging her land after removing her 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 disturb her peaceful possession and enjoyment of her property. Finding no response, the petitioner has filed writ petition in W.P.No.
25602 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.44,
present Door No.15/4, 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 District 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.Priyakumar, Advocate sr 37442.
+1 CC to Govt. Pleader sr 37533.
W.P.No.10674 of 2018 SP(05/07/2018)