R.Anandhi, v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30-06-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION Nos.18964 and 18965 of 2015 R.Anandhi .. Petitioner in WP 18964/2015 A.Arulanandam .. Petitioner in WP 18965/2015 vs 1.The Tahsildar Maduravayal Taluk Maduravayal Tiruvallur District 2.The Taluk Surveyor Maduravayal Taluk Maduravayal Tiruvallur District .. Respondents in both writ petitions Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to carry out survey of the subject lands by considering the petitioners' representation dated 17.6.2015, by receiving the necessary charges through prescribed challan, within a reasonable time.
For Petitioners : Mr.P.Kumaresan For Respondents : Mr.R.Vijayakumar Additional Government Pleader COMMON ORDER By consent, both the writ petitions are taken up for final disposal.
2.The petitioner in W.P.No.18964/2015, would state that her father is the owner of the property admeasuring to an extent of 6.57 acres in Survey Nos.21/1, 21/2, 25/3, 30/5, 32/1, 88/1, 88/2 and 87/1, in No.73, Ayyapakkam Village, Maduravayal Taluk (Originally in Ambattur Taluk), presently Tiruvallur District, and also claims to be a coparcener and her father has sold undivided portion of the lands in Survey No.86, by means of a sale deed dated 27.4.1994. The petitioner would further state that she had entered into an agreement of sale with one Premkumar and Murugan on 15.12.2014, in respect of https://hcservices.ecourts.gov.in/hcservices/
the land admeasuring to an extent of 1.57 acres in Survey No.325 and 1.46 acres in Survey No.326, and since the agreement holder wanted the titles to be verified and measurements to be done through Government Surveyors, submitted a representation dated 27.2.2015, to the Tahsildar, Ambattur, praying for surveying the property and since no orders have been passed, one of the agreement holders viz. Premkumar, filed W.P.No.
16154/2015, wherein, this Court directed the Tahsildar, Ambattur, to consider and pass orders on the application, and after obtaining a copy of the order, when the concerned official was approached, she was informed that after expansion of Corporation of Chennai, the said property comes within the territorial jurisdiction of Maduravayal Taluk and the application has to be submitted to the Maduravayal Taluk Office and therefore, she submitted an application dated 17.6.2015, and since no orders have been passed, came forward to file this writ petition. 3.The petitioner in W.P.No.18965/2015, is the father of the petitioner in W.P.No.18964/2015, has also come forward to file this writ petition in similar facts and circumstances. 4.Heard the submissions of the learned Counsel appearing for the petitioners, and Mr.R.
Vijayakumar, learned Additional Government Pleader, who accepted notice on behalf of the respondents. 5.This Court, without going into the merits of the claim projected by the petitioners, directs the second respondent to consider and dispose of the petitioners' representation dated 17.6.2015, in accordance with law, after putting on notice, the persons concerned, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the persons concerned. The writ petitions are disposed of accordingly. No costs.
1.The Tahsildar Maduravayal Taluk Maduravayal Tiruvallur District 2.The Taluk Surveyor Maduravayal Taluk Maduravayal Tiruvallur District + 2 ccs to Mr. P. Kumarsan, Advocate Sr.32423, 32424 + 1 cc to Government Pleader Sr.32636 W.P.Nos.18964 and 18965 of 2015 https://hcservices.ecourts.gov.in/hcservices/ VSN(CO) EU 07.07.15