Babu v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 8894 of 2021 Babu, S/o. Padavettan
...Petitioner
Versus
1. The District Collector, Villupuram District, Villupuram.
2. The District Land Surveyor, District Land Survey Unit, O/o. District Collectorate, Villupuram District.
3. The Sub-Collector, O/o. Sub-Collector, Tindivanam, Villupuram Dt.
4. Surveyor, O/o. Tahsildar, Melmalaiyanoor Taluk, Villupuram Dt.
5. Tahsildar, O/o. Tahsildar, Melmalayanur, Villupuram Dt.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to direct the 4th respondent to survey and measure the petitioner's land comprised in Survey No.165/1, measuring an extent of Acre 0.33 cents; in Survey No.165/2A measuring Acre 0.27 cents; Survey No. 165/3 measuring an extent of Acre 0.01 cents; Survey No.165/4B of an extent of acre 0.04 cents; in Survey No.165/4C of an extent of acre 0.50 cents; in Survey No. 167/4C measuring an extent of Acre 0.24 cents; in Survey No.167/4B of an extent of acre 0.10 cents; in Survey No.167/5B of an extent of acre 0.22 1⁄2 cents a
total extent of acre 1.73 1⁄2 cents in a time bound manner and to file a report in this regard before this Hon'ble Court. For Petitioner : Mr.G.Sathish Kumar For Respondents : Mr.E.Balamurugan, Special Government Pleader
O R D E R
(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the 4th respondent to survey and measure the petitioner's property.
2. The grievance of the petitioner is that he has submitted a application seeking to survey and measure the property and he has also paid necessary fees. But, so far, his application was not considered and no action was taken in it. Hence, the present Writ Petition has been filed by the petitioner.
3. The learned Special Government Pleader appearing for respondents would submit that in respect of the disputed property, there is a rival claim and now, the 5th respondent Tahsildar has issued notice to both parties for conducting enquiry and the enquiry is posted on 26.05.2021 at the Tahsildar Office.
4. I have heard and considered the submissions made by learned counsel appearing for petitioner as well as learned Special Government Pleader and perused the records carefully.
5. Considering the submissions made by learned Special Government Pleader, the 5th respondent Tahsildar is directed to proceed with the enquiry and pass suitable orders in accordance with law within a period of four weeks from the date of enquiry. Accordingly, this Writ Petition stands disposed of. No costs. -s/d- Assistant Registrar(CS II) True Copy Sub-Assistant Registrar rpp To
1. The District Collector, Villupuram District, Villupuram.
2. The District Land Surveyor, District Land Survey Unit, O/o. District Collectorate, Villupuram District.
3. The Sub-Collector, O/o. Sub-Collector, Tindivanam, Villupuram Dt.
4. Surveyor, O/o. Tahsildar, Melmalaiyanoor Taluk, Villupuram Dt.
5. Tahsildar, O/o. Tahsildar, Melmalayanur +1 CC to The Government Pleader sr 22483.
W.P.No. 8894 of 2021 PMK(CO) SP(15/06/2021)