S.R.Thulasi Pillai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13235 of 2018 S.R.Thulasi Pillai ..

Petitioner -vs1. The District Collector Kanchipuram Kanchipuram District

2. The Tahsildar Kanchipuram Kanchipuram District

3. The Commissioner of Panchayat/ Block Development Officer Kanchipuram Union Kanchipuram District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second and third respondents to consider the petitioner's representation dated 04.04.2018 and dispose of the same within a time frame fixed by this Hon'ble Court.

For Petitioner ::

Mr.K.G.Senthilkumar For Respondents ::

Mr.D.Suryanarayanan Additional Government Pleader for R1 & 2 Mr.R.S.Selvam Government Advocate for R3

ORDER

This writ petition has been filed seeking a mandamus to the respondents 2 & 3 to consider the petitioner's representation dated 4.4.2018 and dispose of the same on merits.

2. Learned counsel for the petitioner submitted that when the partition took place on 27.7.82 amongst the petitioner, Mr.Boopathi Pillai and Mr.Sundara Vadivel Pillai who are the legal heirs of Mr.Ramasamy Pillai, the petitioner was allotted 3 https://hcservices.ecourts.gov.in/hcservices/

cents, Mr.Boopathi Pillai was allotted 5 cents and Mr.Sundara Vadivel Pillai was also allotted 3 cents respectively. After the partition which has also been registered on 27.7.82 bearing Document No.2069/1982, the sub division was wrongly done by misconstruing the boundaries and the survey numbers were wrongly shown in the patta. Since the sub division was not in accordance with the registered partition deed, a detailed representation has been given by the petitioner on 4.4.2018 requesting to rectify the sub division done in Survey No.62/3. As the said representation has not been considered, he has been advised to come to this Court.

3. This Court finds that the petitioner has not filed any record to show that the surveyor has committed any mistake. Without producing the copy of the report filed by the surveyor, this writ petition should not have been filed. Therefore, the writ petition stands dismissed. No costs.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ss To

1. The District Collector Kanchipuram Kanchipuram District

2. The Tahsildar Kanchipuram Kanchipuram District

3. The Commissioner of Panchayat/ Block Development Officer Kanchipuram Union Kanchipuram District +1 CC to Mr.R.S. Selvam, Advocate sr 35570.

+1 CC to Mr.K.G. Senthil Kumar, Advocate sr 35249. +1 CC to The Govt. Pleader sr 35071.

W.P.No.13235 of 2018 SP(12/06/2018) https://hcservices.ecourts.gov.in/hcservices/