Mr. V.Karunamurthy, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN V.Karunamurthy ... Petitioner versus 1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Director, Survey and Land Records, Kancheepuram District, Kancheepuram.
3.Tahsildar, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the Page Nos.1/6
property in S.No.43/10 measuring 1800 sq.ft bearing Plot No.1-A, Happy Land Colony, Mevalurkuppam Village, Sriperumbudur Taluk, Kancheepuram District within a time period fixed by this Court. For Petitioner :
Mr.M.V.Seshachari For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the respondents to survey the property in S.No.43/10 measuring 1800 sq.ft., bearing Plot No.1-A, Happy Land Colony, Mevalurkuppam Village, Sriperumbudur Taluk, Kancheepuram District.
3. The case of the petitioner is that he is the absolute owner of the subject property and Patta also stands in the name of the petitioner vide Patta Page Nos.2/6
No.4130. While that being so, he paid requisite fees through E-challan to survey his property on 21.03.2023. Despite paying requisite fees, the Surveyor had not measured the property. Hence, the petitioner has given a representation dated 19.04.2023 to the first respondent with a copy marked to respondents 2 and 3. The petitioner also sent a reminder on 16.10.2023. Subsequently, the second respondent vide letter dated 26.10.2023 directed the third respondent to consider the representation of the petitioner. Since there was no response from the third respondent till date, the present writ petition has been filed.
4. The learned Special Government Pleader appearing for the respondents submitted that the petitioner's representation would be considered on merits and in accordance with law.
5. Heard both sides and perused the materials available on record.
6. Since this writ petition is filed for Mandamus simpliciter, to direct the respondents to consider the representation of the petitioner, this Court, Page Nos.3/6
without expressing any view or opinion with regard to the merits of the case, directs the third respondent to consider the representation of the petitioner dated 19.04.2023, after issuing notice to the petitioner as well as rival claimants/interested parties/objectors/aggrieved parties/adjacent owners of the four boundaries of the subject land if any, as the case may be, conduct a enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs.
11.03.2024 Index: Yes/No Speaking Order : Yes/No ms Page Nos.4/6
To 1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Director, Survey and Land Records, Kancheepuram District, Kancheepuram.
3.The Tahsildar, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.
Page Nos.5/6
P.VELMURUGAN, J.
ms W.P.No.6274 of 2024 11.03.2024 Page Nos.6/6