A.Vellavan v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.13497 OF 2021 AND W.M.P.NO.15843 OF 2021 A.Vellavan ... Petitioner .Vs.
1. The Tahsildar, Kalasapakkam Taluk, Thiruvannamalai District.
2. The Village Administrative Officer, Kalasapakkam Taluk, Thiruvannamalai District.
3. The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to measure the property in Survey No.28, admeasuring 1.50 cents situated at Kalasampakkam Taluk, Devarayanpalayam in Thiruvannamalai District by considering the petitioner's representation dated 01.06.2020 and 23.06.2020. For petitioner : Mr.Krishna Moorthy For respondents : Mr.Yogesh Kannadasan Government Advocate
ORDER
This writ petition has been filed for a Mandamus to direct the respondents to measure the property in Survey No.28, admeasuring 1.50 cents situated at Kalasampakkam Taluk, Devarayanpalayam in Thiruvannamalai District by considering the petitioner representations dated 01.06.2020 and 23.06.2020.
2. Heard, learned counsel for the petitioner and learned Government Advocate for the respondents and perused the materials available on record.
3. The learned Government Advocate for the respondents has filed a Status Report, the relevant paragraphs of the said report is extracted hereunder:
"... the proposed 4th respondent R.Elumalai is an adjacent land owner on the south side of the petitioners land. The petitioner added that the 4th respondent is disputing the field measurement of petitioners land and therefore the petitioner applied to measure his lands and it is pending. Therefore the petitioner propose to implead the 4th Respondent in this case.
The lands of the petitioner have been surveyed on 22.04.2021 and found that the 4th Respondent is enjoying some portion of the lands of the petitioner. But, the 4th Respondent objected that the land being enjoyed by him out of the lands of the petitioner belongs to the 4th Respondent, though are stands registered as Patta Lands of the petitioner. Hence, a civil dispute arised between the petitioner and 4th Respondent which may be decided in competent Civil Court."
4. The Tahsildar, Kalasapakkam Taluk, Thiruvannamalai District has not stated anything in the Status Report regarding the exact portion of the land has been occupied by the proposed fourth respondent.
5. In view of the above and the status report filed by the Tahsildar, Kalasapakkam Taluk, Thiruvannamalai District, this Court directs the Tahsildar, Kalasapakkam Taluk, Thiruvannamalai District to give a details of measurement with regard to the exact extent of the petitioner's land has been occupied by the proposed fourth respondent to enable the petitioner to approach the competent Civil Court for recovery of his land, in
accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pam To 1.
The Tahsildar, Kalasapakkam Taluk, Thiruvannamalai District.
2.
The Village Administrative Officer, Kalasapakkam Taluk, Thiruvannamalai District.
3.
The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.
+1cc to the Government Pleader, S.R.No.52031 W.P.NO.13497 OF 2021 NRL(CO) PBS/21/10/2021