K.A.Dhanapal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.18394 of 2014 K.A.Dhanapal ... Petitioner Vs.

1.The Tahsildar, Tiruvallur Taluk Office, Tiruvallur.

2.The Taluk Head Surveyor, Tiruvallur Taluk Office, Tiruvallur 3.Ponnammal [R-3 Suo-Motu impleaded vide order dated 19.07.2021 made in W.P.No.18394 of 2014] ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to pass orders on petitioner's representation dated 16.02.2014 requesting them to survey and measure the lands comprised in Survey No.798 measuring 95 cents and 400 sq.ft of land with Well situated at Polivakkam Village, Tiruvallur Taluk, Tiruvallur District and identify the remaining unsold land measuring 1.5 cents of land and 400 sq.ft of land with Well in S.No.798 owned by him by fixing survey stones by preparing and furnishing the FMB sketch to the petitioner.

For Petitioner : M/s.N.Nagu Sah For Respondents : Mr.C.Harsha Raj Government Advocate (for R-1 to R-2) : Mr.V.R.Appaswamee (for R-3) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition has been filed seeking to direct the first and second respondents to pass orders on petitioner's representation dated 16.02.2014 to survey and measure the lands comprised in Survey No.798 measuring 95 cents and 400 sq.ft of land with Well situated at Polivakkam Village, Tiruvallur Taluk, Tiruvallur District and identify the remaining unsold land measuring 1.5 cents of land and 400 sq.ft of land with Well in S.No.798 owned by the petitioner by fixing survey stones and by preparing and furnishing the FMB sketch to the petitioner.

2. The learned Government Advocate appearing for the respondents 1 to 3 submitted that the petitioner submitted a representation on 16.02.2014 to the first respondent to survey his land. Even then, the petitioner failed to pay any requisite fee to the respondents herein to survey the subject property.

3. Considering the above submission of the learned Government Advocate for the respondents 1 to 3, the petitioner is directed to submit a fresh application with requisite fee to survey the subject property. On receipt of the same, the first respondent is directed to consider the request made by the petitioner, after issuance of notice to the parties concerned and giving full opportunity of hearing to all the parties concerned and pass orders on merits and in accordance with law within a period of 12 weeks thereafter.

4. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kv To 1.The Tahsildar, Tiruvallur Taluk Office, Tiruvallur.

2.The Taluk Head Surveyor, Tiruvallur Taluk Office, Tiruvallur.

+1cc to M/s.N.Nagu Sah, Advocate Sr No.37867 +1cc to Government Pleader Sr No.38019 W.P.No.18394 of 2014 PCH (CO) PR (03/09/2021) https://hcservices.ecourts.gov.in/hcservices/