Ramalingam Kali v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.19200 of 2021 Ramalingam Kali ... Petitioner -Vs1. The District Collector, Collectorate Villupuram District, Collector Office Rd, Moovendar Nagar, Viluppuram, Tamil Nadu 605602.
2. The Sub-Collector -Tindivanam, Tindivanam Sub Collector Office, Villupuram District, Tamil Nadu 604001.
3. The Tahsildar, Tindivanam Taluk Office, Kamachi Amman Kovil St, Tindivanam, Tamil Nadu 604001.
4. Ganesan ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent herein to consider petitioner's representation dated 11.08.2021 and to Survey the property/House-site situated in S.Nos. 51/18, 51/19, bearing patta No.63, Melmavilangai Village, Tindivanam District having a total extent of 00027 Sq.Meter and to conduct an enquiry thereby restoring his name in the patta register by removing the false entries made.
For Petitioner : M/s H.Lucia Priyadarshini For R1 to R3 : Mr. Lokesh Kannadasan Government Advocate.
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus directing the first respondent herein to consider petitioner's representation dated 11.08.2021 and to Survey the property/House-site situated in S.Nos. 51/18, 51/19, bearing patta No.63, Melmavilangai Village, Tindivanam District having a total extent of 00027 sq.mt. and to conduct an enquiry thereby restoring his name in the patta register by removing the false entries made.
2.
Heard, M/s H.Lucia Priyadarshini, learned counsel appearing for the petitioner and Mr.Lokesh Kannadasan, learned Government Advocate appearing for the respondents 1 to 3. 3.
The case of the petitioner is that the petitioner owned property comprised in S.Nos. 51/8, 51/9, in patta No.63 situated at Melmavilangai Village, Tindivanam Taluk, to an extent of 2.35 cents classified as Natham Porampoke. In the meanwhile, the fourth respondent is also claiming the property as if he is the owner of the same. Therefore, the petitioner was constrained to file a suit for declaration before the Principal District Munsif Court, Tindivanam and it is pending.
4.
In the meanwhile, the fourth respondent manages to include his name also in the patta. Therefore, the petitioner filed an application for surveying his land before the third respondent and also he had paid the requisite fee to survey. This is pending for the past several months and even then the third respondent did not order for survey the land. 5.
Considering the above submissions, the third respondent is directed to consider the request of the petitioner to survey the land comprised in S.Nos. 51/18, 51/19, after issuing notice to the fourth respondent and objection if any, consider the same and order to survey the same within a period of twelve weeks from the date of receipt of a copy of this order. 6.
With the above directions, the writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar lpp/mn
To
1. The District Collector, Collectorate Villupuram District, Collector Office Rd, Moovendar Nagar, Viluppuram, Tamil Nadu 605602.
2. The Sub-Collector -Tindivanam, Tindivanam Sub Collector Office, Villupuram District, Tamil Nadu 604001.
3. The Tahsildar, Tindivanam Taluk Office, Kamachi Amman Kovil St, Tindivanam, Tamil Nadu 604001.
+1cc to the Government Pleader, S.R.No.46512 W.P.No.19200 of 2021 KG(CO) CB(06/10/2021)