P.A.Thiyagarajan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN WP.No.16027/2021 [Video Conferencing] A.Thiyagarajan ..Petitioner

Versus

1. The Tahsildar

2. The Taluk Head Surveyor

3. The Inspector of Police Ponneri Taluk Police Station Ponneri Taluk, Thiruvallur District.

.. Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st and 2nd respondents to survey and measure the vacant land comprised in Survey Nos.170/1 and 170/4 situated at Periyathambi Mudali Street, No.55, Chinnakavanam Village, Ponneri Taluk, Thiruvallur District and lay the boundary stone with the help of police protection from the 3rd respondent herein. For Petitioner :

Mr.S.Vijay Anand For R1 to R3 :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of the respondents.

(2) The writ petitioner has stated that he is the owner of the property, viz., the vacant land in S.Nos.170/1 and 170/4, measuring totally 12880 sq.ft., in Periyathambi Mudali

Street, Chinnakavanam Village, Ponneri Taluk, Thiruvallur District, which falls within the Sub Registration District of Ponneri and Registration District of Chennai North, (3) He also claims that he had acquired the said lands by a Deed of Settlement executed by his mother on 12.03.2014 which had been registered as Doc.No.2351/2014 on the file of the Sub Registrar office, at Ponneri. He claims title to the said property. He also states that he is paying taxes and necessary charges and patta has also been transferred to him. He had given an application on 11.07.2014 seeking measurement of the property by Tahsildar, Ponneri Taluk. Requisite fees has also been paid.

Unfortunately, no action had been taken and it is only to be expected that an application filed nearly about 7 years ago, would have been lost in the numerous files in the office of the Tahsildar, Ponneri Taluk. I do not blame the Tahsildar. But, I would rather place an obligation on the writ petitioner herein to give a fresh application and in fact, also draw reference to the earlier application submitted in the year 2014, but, however also pay necessary requisite fees afresh and request measurement of his property at S.Nos.170/1 and 170/4 at Periyathambi Mudali Street, Ponneri Taluk, Thiruvallur District, which according to the writ petitioner, measures 12880 sq.ft.

If such fresh application is filed and necessary fees are paid, then from that date onwards, a period of twelve weeks is granted to the Tahsildar, Ponneri Taluk, to take necessary steps with the help of the authorised Surveyor to measure the property of the petitioner. The petitioner may also enclose a copy of this order for reference to the Tahsildar.

(4) With the above said observations, the writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CO-IV) //True Copy// Sub Assistant Registrar AP To

1. The Tahsildar

2. The Taluk Head Surveyor

3. The Inspector of Police Ponneri Taluk Police Station Ponneri Taluk, Thiruvallur District.

+2cc to Mr.S.Vijay Anand, Advocate, S.R.No.37526 +1cc to the Government Pleader, S.R.No.37717 WP.No.16027/2021 PL(CO) CT(23/08/2021)