← Library
Madras High CourtWP/14666/2024disposed of

G.Sivakumar v. The Commissioner

2024-06-07Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR G.Sivakumar .. Petitioner Vs 1.The Commissioner, O/o.Commissionerate of Survey and Settlement, Survey House, Chepauk, Chennai - 5.

2.The District Collector, Chennai District, Collectorate Building, Rajaji Salai, Chennai - 600 001.

3.The Tahsildar, Mambalam Taluk, Chennai - 600 078.

4.The Taluk Surveyor, Mambalam Taluk, Chennai - 600 078.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus , to consider the petitioner's representation dated 15.04.2024 requesting the 3rd and 4th respondents to survey and amend the measurements in Field Measurement Book relating 1/4

to Survey No.47/5 along with the pathway in accordance with Settlement Deed dated 16.04.2015, Will Probate Order in OP.No.76 of 2016 and Patta bearing No.558, after affording a fair hearing of the petitioner and any other necessary parties concerned in accordance with law within the stipulated time frame.

For Petitioner : Mr.G.M.Gokul Ram For Respondents : Mr.A.Selvendran, Special Government Pleader

O R D E R

This writ petition is filed for a direction to the third and fourth respondents to dispose of the petitioner's representation dated 15.04.2024 within a time stipulated by this court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. The case of the petitioner is that the subject property was acquired by way of a registered Settlement Deed dated 16.04.2015 and the Revenue authorities also issued manual patta in favour of the petitioner. 2/4

It is the grievance of the petitioner that he has given a representation on 15.04.2024 to survey his property in new S.No.47/5, Block No.76, T.S.No.47, Plot No.4, to an extent of 2400 sq.f.t and demarcate its boundaries. However, the same has not been considered by the third and fourth respondents. Hence, the present Writ Petition.

4. Considering the limited relief sought in this writ petition, the third and fourth respondents are directed to consider the representation of the petitioner dated 15.04.2024 and pass appropriate orders on the said representation for survey of the property and demarcate the boundaries, after giving notice to the neighbouring land owners and any other interested persons, within a period of two months from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. No costs.

07.06.2024 gya Index : Yes/No 3/4

N.SATHISH KUMAR, J.

gya To 1.The Commissioner, O/s.Commissionerate of Survey and Settlement, Survey House, Chepauk, Chennai - 5.

2.The District Collector, Chennai District, Collectorate Building, Rajaji Salai, Chennai - 600 001.

3.The Tahsildar, Mambalam Taluk, Chennai - 600 078.

4.The Taluk Surveyor, Mambalam Taluk, Chennai - 600 078.

07.06.2024 4/4