M.Arumugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.7508 of 2022 M.Arumugam ...
Petitioner Vs
1. The District Collector, Kancheepuram.
2. The Revenue Divisional Officer, Kancheepuram.
3. The Tahsildar, Kancheepuram.
...
Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to measure the property of the petitioner's land situated at Survey No.41/1E ad-measuring 2,475 sq.feet. Plot No.28, Ark Avenue - part II, Varadharajapuram Village, Sriperumbudur Taluk, now Kundrathur Taluk, Kancheepuram District as per the sale deed dated 03.09.1997 vide Document No.1781 on the file of the Sub Registrar, Padappai. For Petitioner : Mr.N.Senthilkumar For Respondents : Mr.P.Sathish Additional Government Pleader
ORDER
This writ petition has been filed to issue a Writ of Mandamus, directing the third respondent to measure the property of the petitioner's land situated at Survey No.41/1E admeasuring 2,475 sq.feet. Plot No.28, Ark Avenue - part II, Varadharajapuram Village, Sriperumbudur Taluk, now Kundrathur Taluk, Kancheepuram District as per the sale deed dated 03.09.1997 vide Document No.1781 on the file of the Sub Registrar, Padappai.
2.
Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, taken up for final disposal.
3.
The case of the petitioner is that, the petitioner purchased a vacant housing site, situated at Survey No.41/1E, ad-measuring 2,475 sq.feet. Plot No.28, Ark Avenue - part II, Varadharajapuram Village, Sriperumbudur Taluk, now Kundrathur Taluk, Kancheepuram District registered vide Document No.1781 dated 03.09.1997. Now, in order construct a house at the vacant housing site, the petitioner requested the revenue authorities to demarcate his property, the petitioner made a written representation dated 04.01.2022, and also paid the requisite fees through on-line. However, till date no order has been passed on the same. Hence, this present petition is filed. 4.
Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the third respondent to consider the petitioner's representation for surveying the disputed properties and pass orders on the same within a particular time frame fixed by this Court.
5.
The learned Government Advocate has no objection for said order being passed.
6.
In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the third respondent to consider the petitioner's written representation dated 04.01.2022 to survey the properties and after affording an opportunity of hearing to the petitioner, pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7.
With the above direction, this writ petition is disposed of. No order as to costs.
Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar
mn To
1. The District Collector, Kancheepuram.
2. The Revenue Divisional Officer, Kancheepuram.
3. The Tahsildar, Kancheepuram.
+1cc to Mr.N.Senthil Kumar, Advocate SR.No.21614 +1cc to Special Government Pleader, SR.No.22224 WP.No.7508 of 2022 SKM(CO) CB(19/04/2022)