Subramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.1584 of 2014 Subramanian ... Petitioner vs

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Chengalpattu,

3. The Thasildhar, Maduranthagam Taluk Office, Maduranthagam,

4. The Taluk Surveyor, Madhurantakam Taluk Office, Madhurantakam,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents in particular the second respondent to measure the petitioner's property and put up survey stone in respect of the property bearing survey No.358/11 at Pudupakkam Village, Chengalpattu Taluk, Kancheepuram District to an extent of 9 cents based on petitioner's representation dated 10.10.2013.

For Petitioner : Mr.M.Saravana Kumar For Respondents : Mr.R.S.Selvam Government Advocate

ORDER

This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

2. The prayer sought for in this writ petition is for a direction to the respondents in particular, the second respondent to measure the petitioner's property and put up survey stone in respect of the property bearing survey No.358/11 at Pudupakkam Village, Chengalpattu Taluk, Kancheepuram District to an extent of 9 cents based on petitioner's representation dated 10.10.2013.

3. Heard the learned counsel appearing on both sides and perused the materials available on record.

4. The learned Government Advocate has produced a communication of the Tahsildar, Vandalur in Na.Ka.No.1609/2020/B1 dated 20.09.2020. The said communication states that the petitioner, Subramanian S/o. Kali Naicker died and the legal heirs of the petitioner have refused to cooperate with the officials for the survey of the petitioner's property and put up the survey stone. The said communication is taken on record.

5. If the legal heirs of the deceased petitionerSubramanian are interested in getting the property measured, it is open to them to approach the third respondent-Tahsildar.

6. In the event of any such representation being made, the third respondent-Tahsildar is directed to conduct an enquiry after issuing notice to all the parties interested in this regard and also affording them an opportunity of personal hearing and pass appropriate orders, on merits and in accordance with law.

7. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar asr/rsi To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Chengalpattu,

3. The Thasildhar, Maduranthagam Taluk Office, Maduranthagam,

4. The Taluk Surveyor, Madhurantakam Taluk Office, Madhurantakam, +1cc to Government Pleader SR.No.32642 W.P.No.1584 of 2014 RR(CO) GMY(21/10/2020)