M/S.Kaaviya Constructions And Developers Pvt. Ltd., v. The Tashildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR M/s.Kaaviya Constructions and Developers Pvt.Ltd.
Rep. by one of its Directors, E.Thirunavukarasu S/o C.Elumalai having Office at No.11/27, Perumal Kovil Street .. Petitioner
Versus
1. The Tahsildar, Thiruvallur District.
2.Firka Surveyor, Thiruvallur District.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to dispose of the online representation given by the petitioner company on 09.05.2024 and 19.06.2024 for the purpose of measuring and laying boundary stones of the following survey Nos.601/3A1A1AA, 601/3B, 601/3C1A1A1AA1, 602/1A1A1, 602/2A1, 602/2A3 and 602/3A1A1A1A. For Petitioner : Mr.M.Ganesan For Respondents : Mr.P.Sathish for R1 and R2 Additional Government Pleader 1/5
ORDER
By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.
2. This writ petition is filed to direct the respondents to dispose of the online representation given by the petitioner company on 09.05.2024 and 19.06.2024 for the purpose of measuring and laying boundary stones of the following survey Nos.601/3A1A1AA, 601/3B, 601/3C1A1A1AA1, 602/1A1A1, 602/2A1, 602/2A3 and 602/3A1A1A1A.
3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
4. The case of the petitioner is that the petitioner company had purchased the property from one S.Hasthimal Nahar and registered sale deed vide Doc.Nos.10084 and 10085 of 2014 in the Office of SRO, Thiruvallur. After purchase of the aforesaid properties, there was a proposal for conversion of the aforesaid land into plots. As it is mandatory to obtain approval, the petitioner company had agreed to execute a Gift Deed in favour of the President, Pularambakkam Panchayat. Accordingly, a registered gift deed was executed 2/5
on 29.06.2015 bearing Doc.No.8595/2015 on the file of the SRO, Thiruvallur. Whereby, the land scape measuring an extent of 170622.07 sq.ft was gifted for the purpose of forming 23 feet road and 30 feet road and also 3 parks for common utility. Subsequent to such gift by the petitioner company, the remaining extent of land was in peaceful possession and enjoyment of the petitioner company.
5. Pursuant to which, there was some difficulty in identifying the exact road formation of plots, there was some difficulty in identifying the exact road formed inside the layout and therefore, the petitioner has given online representations dated 09.05.2024 and 19.06.2024 for the purpose of measuring and earmarking the survey Nos.601/3A1A1AA, 601/3B, 601/3C1A1A1AA1, 602/1A1A1, 602/2A1, 602/2A3 and 602/3A1A1A1A to the respondents. However, the same has not been considered by the respondents. Hence, the present Writ Petition.
6. Considering the limited relief sought for in this writ petition, the respondents are directed to consider the representations of the petitioner dated 09.05.2024 and 19.06.2024 and and pass appropriate orders, for survey of the property, after giving notice to the neighbouring land owners and any other interested persons, within a period of one(1) month from the date of receipt of 3/5
a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs. 11.07.2024 msv Note: Issue order copy on 12.07.2024 Index :Yes/No Internet :Yes/No : Yes/No To,
1. The Tahsildar, Thiruvallur District.
2.Firka Surveyor, Thiruvallur District.
4/5
N. SATHISH KUMAR , J.
msv W.P.No.18737 of 2024 11.07.2024 5/5