S.Damodharan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.Nos.19363 and 19365 of 2021 S. Damodharan
...Petitioner in both W.Ps
Vs.
The Tahsildar, Office of the Tahsildar, Velachery Taluk, Chennai - 600 042.
...Respondent in both W.Ps
Prayer in W.P.No.19363 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus to direct the respondent to survey and to fix the boundaries for the land of the petitioner in Old Paimash Nos. 413, 414, 415, 416, 417 and 418, the present Survey No.145, Block No.24 and Town Survey No.186 at Tiruvanmiyur Village, Velachery Taluk, then Chengalpattu District, now Chennai District by considering and passing orders on the Application of the petitioner dated 9.8.2021.
Prayer in W.P.No.19365 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondent to forthwith issue Patta for the land of the petitioner in Old Paimash Nos. 413, 414, 415, 416, 417 and 418, the present Survey No.145, Block No.24 and Town Survey No.186 at Tiruvanmiyur Village, Velachery Taluk, then Chengalpattu District, now Chennai District, by considering and passing orders on the Application of the petitioner dated 9.8.2021.
For Petitioner in both W.Ps : Mr. K.Selvaraj For Respondent in both W.Ps : Mr. Yogesh Kannadasan Government Advocate COMMON ORDER These Writ Petitions have been filed for a mandamus, to direct the respondent to survey and to fix the boundaries and to issue patta for the land of the petitioner in Old Paimash Nos.
413, 414, 415, 416, 417 and 418, the present Survey No.145, Block No.24 and Town Survey No.186 at Tiruvanmiyur Village, Velachery Taluk, then Chengalpattu District, now Chennai District by considering and passing orders on both the Application of the petitioner dated 9.8.2021. 2.The case of petitioner is that while he was a minor, his father represented him as Guardian and the petitioner, purchased a property measuring 4 acres and 38 cents in Old Paimash Nos.413, 414, 415, 416, 417 and 418, the present Survey No.145, Block No.24 and Town Survey No.186 at Tiruvanmiyur Village, Velachery Taluk, then Chengalpattu Distirct, now Chennai District by a Registered Sale Deed dated 11.07.1959 and registered as Document No.1536/1959.
3.The petitioner submits that he is the absolute owner of the above said property from one Shanthi B. Ram, wife of P.M. Dowlathram and the said vendor purchased a property from Rajammal by a Sale Deed dated 12.02.1951 and Registered as Document No.339/1951.
4.The petitioner further submits that the vendor of his vendor viz., V.Rajammal has purchased the above said property from Duraisamy Naicker by a Registered Sale Deed dated 17.10.1950 and registered as Document No.3306/1950. 5.According to the petitioner, he has submitted an application dated 09.08.2021 to the respondent, requesting the respondent to survey the land and to fix boundaries for his land.
6.The petitioner submits that the respondent also received the application of the petitioner on 12.08.2021 and he has also paid the necessary fees to survey the land and to fix boundaries to his land.
7.The petitioner further submits that though he has paid the necessary fees, the respondent has not surveyed his land till date.
8.According to the petitioner, it is against the provisions of the Tamil Nadu Survey and Boundaries Act, 1923 and the Rules made there under.
9.The petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence, the writ petition filed.
10.Heard, learned counsel for the petitioner and the learned Government Advocate for the respondent and perused the materials available on record.
11.In view of the above facts and circumstances of the case and considering the submission made by the petitioner, this Court directs the respondent to consider the both application dated 9.8.2021 sent by the petitioner and pass appropriate orders in accordance with law after issuing notice to the necessary parties, within a period of six months from the date of receipt of a copy of this order.
12.With the aforesaid direction, these Writ Petitions are disposed of. No costs.
s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar pam To The Tahsildar, Office of the Tahsildar, Velachery Taluk, Chennai - 600 042.
+2 Ccs to Mr.K. Selvaraj, Advocate sr 46288, 46289 +1 CC to The Government Pleader sr 47174.
W.P.Nos.19363 and 19365 of 2021 SVI(CO) SP(01/12/2021)