Mr.M.Bright Kennedy v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2015
CORAM
THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.25535 of 2015 and M.P.No.1 of 2015 M.Bright Kennedy rep. by his Power Agent R.Rajasekaran
...Petitioner
Vs 1 State of Tamilnadu Rep. by its Secretary Revenue Department Fort St. George Chennai-9 2 The Additional Chief Secretary/ The Commissioner of Land Administration Office of the Commissioner of Land Administration Ezhilagam Chepauk Chennai-5 3 The Director of Survey and Settlement Office of the Director of Survey and Settlement Central Survey Office Survey House Chepauk Chennai-5 4 The District Collector Office of the District Collector Kancheepuram District 5 The Tahsildar Office of the Tahsildar Taluk Office Complex Thiruporur Taluk Kanchipuram District
...Respondents
Prayer:
Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus
directing the respondents No.1 to 4 to suitably amend the revenue records as per the survey conducted by the 5th respondent in the property comprised in S.No.136 Thiruvidanthai Village Thiruporur Taluk Kancheepuram District from 9.7.2015 to 13.7.2015 and consequently lay the survey stones by demarcating the boundaries of the petitioners property comprised in S.No.136/1B1A1 Thiruvidanthai Village Thiruporur Taluk, Kancheepuram District.
For Petitioner :
Mr.V.Raghavachari for Mr.S.Joel For Respondents :
Mr.R.A.S.Senthilvel, Addl.Govt.Pleader
O R D E R
With the grievance that the revenue records will have to be amended as per the survey conducted by the 5th respondent with respect to the property situated in S.No.136 Thiruvidanthai Village Thiruporur Taluk Kancheepuram District, the present writ petition has been filed by the petitioner.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. In the counter affidavit filed by the 5th respondent, it has been stated as under:
''22. It is submitted that due to errors done earlier and sub division were effected on their own way the entire survey number in FMB sketch do not tally with revenue records properly. The alleged joint Development agreement was done between the Olympia Group along with the land purchased by one Jayachandra Reddy family and got approved by Mamallapuram Development authority. The lands owned by Jayachandra Reddy family were sold by petitioner. Sub division notations now adopted in FMB as well as in revenue accounts differs in several cases. Further a portion of land was acquired for East Coast Road was shown as S.No.136/1B1B in FMB. The discrepancies between FMB sketches and revenue accounts have to be rectified. Now the entire field has been measured with sophisticated equipment by survey staff.
Based on that, entire FMB sketches and accounts have to be set right after enquiring all the pattadars with
their ownership documents. After that proposals for adopting correct extent on the basis of area error has to be done. For this process it will take minimum six months to rectify things.
.....
26. It is submitted that the directions of this Hon'ble Court has given an opportunity to rectify the defects in FMB sketches and revenue accounts. Now the entire field has been surveyed with a team of survey officials for four days from 09.07.2015 to 13.07.2015. The entire survey was done as per ridges on ground and as well as enjoyment. This measurement practically do not tally with present sub division in revenue accounts. Now next phase of action to rectify things has been proposed by calling all the land owners with their purchase documents for enquiry. The entire process will take a minimum time of six months....''
4. Thus, in the light of the averments in the above said paragraphs, the writ petition stands disposed of by directing the 5th respondent to conclude the said process within a period of three months from the date of receipt of copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar usk To 1 The Secretary Revenue Department State of Tamilnadu Fort St. George Chennai-9 2 The Additional Chief Secretary/ The Commissioner of Land Administration Office of the Commissioner of Land Administration Ezhilagam Chepauk Chennai-5
3 The Director of Survey and Settlement Office of the Director of Survey and Settlement Central Survey Office Survey House Chepauk Chennai-5 4 The District Collector Office of the District Collector Kancheepuram District 5 The Tahsildar Office of the Tahsildar Taluk Office Complex Thiruporur Taluk Kanchipuram District 2 CCs to Mr.S.Joel, Advocate SR.No. 62194 + 1 cc to The Govt.Pleader, Sr 62308 (8/1/16) W.P.No.25535 of 2015 RV (CO) PSI (17.11.2015)