C.Malliga v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH C.Malliga W/o Late Chinnasami No 92, Perumal Koil Street Nallambakkam Kandigai Vandalur Tlauk, Chennai 600 127 Chengalpattu District.

Petitioner Vs

1. The District Collector, Chengalpattu District, Chenglapattu 603 111.

2.The Revenue Divisional Officer, O/o Tambaram Revenue Divisional, Office, GST Road, Tambaram Chennai 600 045.

Chenglapattu District.

3.The Tahsildar, O/o.Vandalur Tahsildar Office, Guduvanchery, Chenani 603 202.

Chengalpattu District.

4.The Head Surveyor Land Survey Department, O/o Vandalur Tahsildar Office, Vandalur Tlauk, Guduvanchery Chennai 603 202 Chengalpattu District Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to consider the application of the petitioner, dated 16.08.2024, Application No.2024/ N123/35/003967 and to measure, fix boundaries and to erect boundary stones by survey the petition property in gramanatham old survey No.339/B, as per Patta No 454, gramanatham New Survey No.339/3B1, with an extent of 456 sq meters or 4,908 sq.ft., situated at Nallambakkam village, Vandalur Taluk (Previously Chenglapattu Taluk) Chenglapattu District (previously Kancheepuram District) within a stipulated period.

For Petitioner : Mr.N.Ramesh For Respondents : Mr.S.Jayachandran Government Advocate *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents, particularly, the respondents 3 and 4 to act upon the online application submitted by the petitioner on 16.08.2024 wherein the petitioner has sought for survey of the subject property and for demarcation of boundaries.

2. Heard Mr.N.Ramesh, learned counsel for petitioner and Mr.S.Jayachandran, learned Government Advocate appearing for respondents.

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3. When the matter was taken up for hearing today, learned counsel for petitioner submitted that the fourth respondent acted upon the online application and came to the spot to survey the property. However, the fourth respondent was relying upon the FMB sketch wherein a lesser extent of property has been recorded. Therefore, the petitioner protested and relied upon the title deed viz., sale deed that has been executed on 21.11.2008 and also the patta issued in his name.

4. In the considered view of this Court, a title deed has been relied upon by the petitioner, which is a sale deed dated 21.11.2008 and the petitioner has also relied upon the patta that was granted in the name of the petitioner in Patta No.454. However, there is some discrepancy in the measurement shown in the FMB sketch. Under such circumstances, it is left open to the petitioner to make an independent representation before the second respondent seeking for correction in the measurement shown in the FMB sketch. Based on the orders passed by the second respondent, the survey shall be conducted and boundaries shall be demarcated.

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N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.

01.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Collector, Chengalpattu District, Chenglapattu 603 111 2.The Revenue Divisional Officer O/o Tambaram Revenue Divisional Office, GST Road, Tambaram Chennai 45 Chenglapattu District 3.The Tahsildar O/o Vandalur Tahsildar Office Guduvanchery, Chenani 603 202 4.The Head Surveyor Land Survey Department, O/o Vandalur Tahsildar Office, Vandalur Tlauk, Guduvanchery Chennai 603 202 Chengalpattu District 4/4