D.Vimalraj Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH and WMP.No.13619 of 2024 D.Vimal Rajkumar Rep by his Power Agent N.S.Gnaneswaran .... Petitioner Vs 1.The District Collector Kancheepuram.

2.The Tahsildar Sholinganallur Kancheepuram District.

3.The Taluk Surveyor Survey Department Sholinganallur Kancheepuram District.

4.M/s.ELCOT By its Managing Director No.692, Anna Salai Chennai - 600 035.

.... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to upload the computerised patta in respect of petitioner's land at old Survey No.602/3A, New Survey S.No.602/13, present Survey No.602/22 Sholinganallur Village, to an extent of 5 acres in his name and also direct the third respondent herein to conduct survey of the petitioner's aforesaid land based on the petitioner's title documents as well as the revenue records and demarcate the boundary by considering petitioner's representation dated 26.03.2024 followed by several reminders.

For Petitioner : Mr.M.Narayanaswamy For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R3 Mr.M.Vijayan for M/s.King & Partridge [R4]

ORDER

This writ petition has been filed for issuance of mandamus directing the second respondent to upload the computerised patta in respect of the property belonging to the petitioner and also to direct the third respondent to conduct the survey of the property based on the title deeds of the petitioner. 2/6

2. Heard Mr.M.Narayanaswamy, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for respondents 1 to 3.

3. The case of the petitioner is that the subject property was originally owned by the grandmother of the petitioner and she executed a settlement deed in favour of the petitioner's father. During his life time, a portion of the property was dealt with by the petitioner's father. He died on 25.05.2017. The petitioner claims to be in continuous possession of the property in his capacity as the owner of the property.

4. The petitioner wanted a survey to be conducted in the property for fixing the boundary stones in line with the title documents and for uploading the computerised patta with respect to the petitioner's property. He made a representation in this regard to the second and third respondents. Since the same was not considered, the present writ petition was filed before this Court. 3/6

5. Taking into consideration the facts and circumstances of the case and considering the order passed by this Court in W.P.No.10535 of 2024 and also taking note of the limited relief sought for in this writ petition, there shall be a direction to the second and third respondents to deal with the representation made by the petitioner on 26.03.2024, after giving an opportunity to the fourth respondent and a decision shall be taken by passing an appropriate order within a period of six weeks from the date of receipt of a copy of this order.

6. This writ petition is disposed of in terms of the above direction. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2025 (2/2) Index : Yes/No Speaking Order/Non-Speaking Order ds 4/6

To:

1.The District Collector Kancheepuram.

2.The Tahsildar Sholinganallur Kancheepuram District.

3.The Taluk Surveyor Survey Department Sholinganallur Kancheepuram District.

4.The Managing Director M/s.ELCOT No.692, Anna Salai Chennai - 600 035.

5/6

N. ANAND VENKATESH., J ds 03.02.2025 6/6