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Madras High CourtWP/15107/2014disposed of

Great Lakes Multi State v. The Tahsildar

2021-06-22Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P. No. 15107 of 2014 Great Lakes Multi-State Co-operative Housing Society Limited, Rep. by its Chief Promoter and duly Authorized Officer S.Sakthivel, Having its Registered Office at:

No.20/1, Park Street, Indira Nagar, Courtallam - 627 802, Tenkasi Taluk, Tirunelveli District.

...Petitioner

-vs1. The Tahsildar, Office of the Tahsildar, Alandur, Kancheepuram District.

2. The Taluk Surveyor, Office of the Tahsildar, Alandur, Kancheepuram District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to forthwith survey and to fix the boundaries for the petitioner's land, namely, the House Site, measuring 50 cents, (2,025.20 Square Meters), comprised in Survey No.16/18, situated at Alandur Village, Alandur Taluk, Kancheepuram District, by considering and passing orders on the Statutory Application of the petitioner dated 05.06.2014. For Petitioner : Mr.K.Selvaraj For Respondents : Ms.Akila Rajendran Counsel for Government

ORDER

The prayer sought for herein is for a Writ of Mandamus directing the respondents to forthwith survey and to fix the boundaries for the petitioner's land, namely, the House Site, measuring 50 cents, (2,025.20Square Meters), comprised in Survey

No.16/18, situated at Alandur Village, Alandur Taluk, Kancheepuram District, by considering and passing orders on the Statutory Application of the petitioner dated 05.06.2014.

2. The petitioner's claim is that, he is the owner of the property measuring about 50 cents, comprised in Survey No.16/18, situated at Alandur Village, Alandur Taluk, Kancheepuram District, as he claimed to have purchased the same by way of sale, by Sale Deed dated 31.08.2012, which has been registered on the file of the Sub-Registrar, Alandur, from T.Selvaraj, R.Pangajam and P.Pakkirasasmy.

3. Having purchased the property, the claim of the petitioner is that, the petitioner is in enjoyment and possession of the property and in order to identify the four boundaries, the petitioner wanted to measure the land in question and accordingly, the petitioner has given an application to that effect on 05.06.2014 to the respondents and the necessary fee also has been paid in this regard, however, so far, the respondents have not acted upon on the said representation / application to measure the land of the petitioner in question.

4. I have heard Mr.K.Selvaraj, learned counsel appearing for the petitioner, who having reiterated the aforesaid facts seeks indulgence of this Court to give a suitable direction to the respondents to act upon on the petitioner's application to measure the land to identify the four boundaries.

5. Heard Ms.Akila Rajendran, learned counsel for the Government appearing for the respondents, who would submit that, if at all any aforesaid claim have been made in the application which had been filed in the year 2014, definitely, that would be acted upon and certainly, the respondents would consider the same and accordingly, after verifying the entitlement of the petitioner to measure the land in question, necessary steps would be taken to measure the land, of course after collecting necessary fee, if not already collected and the needful would be undertaken by the respondents within a time frame that may be stipulated by this Court.

6. I have considered the said submissions made by the learned counsel appearing for the parties and have perused the materials placed before this Court.

7. In view of the said submissions made by the learned counsel appearing for the parties and having regard to the aforesaid facts projected by the learned counsel appearing for the petitioner, this Court is inclined to dispose of this Writ Petition with the following orders:

"(i) That there shall be a direction to the respondents to act upon on the application of the petitioner dated 05.06.2014 and accordingly, measure the land, if the petitioner is otherwise entitled to have such measurement after collecting necessary fee, if not already collected and identify the boundaries for laying the boundary stone.

(ii) The needful as indicated above shall be undertaken by the respondents within a period of eight weeks from the date of receipt of a copy of this order."

8. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vji To

1. The Tahsildar, Office of the Tahsildar, Alandur, Kancheepuram District.

2. The Taluk Surveyor, Office of the Tahsildar, Alandur, Kancheepuram District.

+1cc to the Government Pleader, S.R.No.28999 W.P. No. 15107 of 2014 PL(CO) RGA(20/07/2021)