Mr.S.Krishnan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.20548 of 2014 S.Krishnan

...Petitioner

Vs

1. The District Collector, Collectorate of Kancheepuram District, Kancheepuram.

2. The Tahsildar, Chengalpattu Taluk, Chengalpattu.

3. The Village Administrative Officer, Keerapakkam Village, Kancheepuram District.

... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to take necessary action on the petitioner's representation dated 03.06.2013 and 06.06.2014 for inspection of the property in order to survey the land and laying of boundary stone for boundary demarcation and thereafter to issue Patta to the land comprised in Survey No.99 of Keerapakkam Village, Chengalpattu Taluk, Kancheepuram District, measuring acre 18.75 cent i.e. 15 Kani land and situate within the Registration District of South Chennai and Sub - Registration District of Guduvancherry on considering the petitioner's representation dated 03.06.2013 and 06.06.2014 within a stipulated period of time.

For Petitioner : M/s.R.Natesh Kumar For Respondents : Mr.M.R.Gokul Krishnan, 1 & 2 Government Advocate

O R D E R

This writ petition has been filed to issue a Writ of Mandamus directing the respondents herein to take necessary action on the petitioner's representation dated 03.06.2013 and 06.06.2014 for inspection of the property in order to survey the land and laying of boundary stone for boundary demarcation and thereafter to issue Patta to the land comprised in Survey No.99 of Keerapakkam Village, Chengalpattu Taluk, Kancheepuram District, measuring acre 18.75 cent i.e. 15 Kani land and situate within the Registration District of South Chennai and Sub - Registration District of Guduvancherry on considering the petitioner's representation dated 03.06.2013 and 06.06.2014 within a stipulated period of time.

2. The learned counsel for the petitioner would submit that he had given change of vakalat and return the entire bundles to the petitioner.

3. On perusal of the papers revealed that the property comprised in Survey No.99 situated at Keerapakkam Village, Chengalpattu Taluk to an extent of 18.75 cents belonged to the petitioner's father and sister who had jointly purchased the said property by way of a registered sale deed dated 17.05.1956 vide Document No.506 of 1956 in the Office of the Sub Registrar, Thiruporur. Thereafter, they are in possession and enjoyment of the said property without any interruption or hindrance.

4. While being so, the petitioner's father and sister died leaving behind the petitioner and his brothers and sisters as their legal heirs. All the other legal heirs executed the power of attorney in favour of the petitioner to deal with the property. Therefore, the petitioner had sent representation to survey the property and laying of boundary stone for boundary demarcation and also for issuance of patta. However, there is no evidence to show that the petitioner had paid requisite fee to survey the said land.

5. Considering the above, the petitioner is directed to file a fresh application before the second respondent to survey and demarcate the subject property with requisite fees within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to comply the same in accordance with law.

6. With the above directions, this writ petition is disposed of. No order as to costs.

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

1. The District Collector, Collectorate of Kancheepuram District, Kancheepuram.

2. The Tahsildar, Chengalpattu Taluk, Chengalpattu.

3. The Village Administrative Officer, Keerapakkam Village, Kancheepuram District.

+1CC to Mr.R.Nateshkumar, Advocate, Sr.No.55534 W.P.No.20548 of 2014 CP (CO) K.RK. (17.11.2021)