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Madras High CourtWP/7893/2018disposed of

P.K.Mohanasundaram, v. The District Collector,

2018-04-05Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7893 of 2018 P.K.Mohanasundaram ..

Petitioner -vs1. The District Collector Thiruvallur District Pin: 602 001

2. The Tahsildar Poonamallee Taluk Thiruvallur District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 18.01.2016 to appoint the Surveyor to measure and fix boundary of the petitioner's land bearing Survey No.345/1 of Parivakkam Village, Poonamallee Taluk, Thiruvallur District along with police aid.

For Petitioner ::

Mr.M.Karthik For Respondents ::

Mrs.K.Bhuvaneswari Additional Government Pleader

ORDER

The petitioner claims to be the owner of the vacant land covered in Survey No.345/1 having an extent of 1762.5 sq.ft., situated at Parivakkam Village, Poonamallee Taluk, Thiruvallur District . According to the petitioner, the said land was forming part of a total extent of 11,025 sq.ft., purchased by his father Mr.Kannimuthu from Mr.P.Rajarathinam, S/o Balasundaram, Mr.Ponnambalam, S/o Sivapatham and Mr.Duraisamy, S/o Loganathan under a registered sale deed on 5.1.1961 under Document No.146/1961 on the file of the Sub Registrar, Poonamallee. After the death of his father on 16.7.98, the petitioner along with his four brothers and one sister, namely, Mr.K.Manikkavelu, Mr.K.Mani, Mr.K.Kardeepan, Mr.K.Babu and Mrs.R.Visalakshi entered into a partition deed, which was also https://hcservices.ecourts.gov.in/hcservices/

registered on 28.3.2018 as Document No.1262 of 2013 on the file of the Sub Registrar, Poonamallee. Now the petitioner is not able to precisely locate the boundary of his property. Hence, he has given a representation on 18.1.2016 requesting the Tahsildar, Poonamallee Taluk, the second respondent herein to measure the property and to provide the description on all the four sides. But the same has not been considered. Therefore, a direction be issued.

2. The learned Additional Government Pleader for the respondents submitted that the petitioner has not enclosed the patta copy of the property for consideration of his representation.

3. In view of the above, the petitioner is directed to furnish the patta copy of the land in question along with a copy of this order to the second respondent within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall consider the representation of the petitioner and do the needful within a period of six weeks thereafter. With this direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ss To

1. The District Collector Thiruvallur District Pin: 602 001

2. The Tahsildar Poonamallee Taluk Thiruvallur District + 1 cc to Mr. Government Pleader Sr.25973 + 1 cc to Mr.M. Karthik, Advocate Sr.25110 W.P.No.7893 of 2018 KJI(CO) EU(26/04/2018) https://hcservices.ecourts.gov.in/hcservices/