Ilansegarin v. The Regional Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.17027 of 2021 Ilansegarin .. Petitioner Vs.
1. The Regional Director, Directorate of Survey and Land Records, Government of Tamil Nadu, Survey House, Chepauk, Chennai.
2. Assistant Director of Survey and Land Records, District Survey Office, Villupuram.
3. The Tahsildar, Vanur Taluk Office, Vanur, Villupuram.
4. The Taluk Surveyor, Taluk Office, Vanur.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents consider the application dated 20.07.2021 submitted by the petitioner for surveying and measuring land comprised in Old Survey No.23/2 with corresponding Re-Survey No.100/1A1, New Survey No.454, of Kottakuppam Revenue Village, Sub Registration District at Vanur, Tindivanam District Registration Office, Vanur Taluk, Villupuram District, and demarcate the petitioner's land measuing to an extent of 4000 sq.ft of land (i.e., East-West 40 square feet and North-South 100 square feet) from 70 cents of land on the western side portion of the property from the entire extent of 1 acres 40 cents of land.
For Petitioner : Mr.Prakash Adiapadam For Respondents : Mr.Yogesh Kannadasan (Govt.Advocate)
ORDER
The petitioner had filed an application on 20.07.2021 seeking to survey and measure his lands. This exercise is to be undertaken by the 3rd respondent namely, Tahsildar, Vanur Taluk Office with the help of the 4th respondent namely, Taluk Surveyor, Vanur. The petitioner claimed that he had purchased a portion of the land of about 4,000 sq.ft out of a larger area of 1 acre 40 cents. The petitioner claimed that the title had also been upheld by judgment in O.S.No.77 of 1996. 2.The petitioner claims that thereafter he had submitted an application for change of the patta in his name by subdividing the patta. It is stated that the respondent had not taken any steps towards the same. Seeking subdivision of patta and also to measure the land purchased, an application had given on 20.07.2021.
The learned counsel states even on an earlier date, 10.08.2021, the petitioner had given a similar application. 3.A mandamus is directed to the 3rd and 4th respondents particularly to the 3rd respondent, Tahsildar, Vanur Taluk Office, Vanur, to examine the representation / application given by the petitioner on 20.07.2021, take necessary steps to measure the area and thereafter to grant patta. However, the Tahsildar may also enquire the petitioner before taking such steps and also enquire whether there are rival claimants and thereafter examine the revenue records relating to the holding of the petitioner and then take a considered decision. The 3rd respondent is directed to complete the entire exercise and do the needful within a period of twenty weeks from the date of receipt of a copy of this order.
4.With the above observation, the Writ Petition is disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar smv
To
1. The Regional Director, Directorate of Survey and Land Records, Government of Tamil Nadu, Survey House, Chepauk, Chennai.
2. Assistant Director of Survey and Land Records, District Survey Office, Villupuram.
3. The Tahsildar, Vanur Taluk Office, Vanur, Villupuram.
4. The Taluk Surveyor, Taluk Office, Vanur.
+1cc to Mr.Prakash Adiapadam, Advocate, S.R.No.41333 +1cc to the Government Pleader, S.R.No.41526 W.P.No.17027 of 2021 GJ(CO) SU(08/09/2021)