← Library
Madras High CourtWP/21716/2021disposed of

N.Arunkumar v. The District Collector

2021-10-07Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.21716 of 2021 N.Arunkumar ...Petitioner Vs.

1.The District Collector, Villupuram, Villupuram District.

2. The Tahsildar, Marakkanam Taluk, Villupuram District.

3. The Taluk Surveyor, Marakkanam Taluk, Villupuram District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the land with police aid regard to the land in Survey No.275/6 to the extent of 6.201 Cent at a No.597, Nagar Raod, Siruvadi Village and Post, Marakkanam Taluk, Villupuram District within a time frame. For Petitioner : Mr.J.Pradeep For RR 1 to 3 : Mr.V.Veluchamy Government Advocate

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to survey the land with police aid regard to the land in Survey No.275/6 to the extent of 6.021 Cent at a No.597, Nagar Raod, Siruvadi Village and Post, Marakkanam Taluk, Villupuram District within a time frame.

2. According to the petitioner, his father owned a land in Survey No.275/6 measuring to an extent of 6.201 cents at No.597, Nagar Road, Siruvadi Village and Post, Marakkanam Taluk, Villupuram District and he was in possession and absolute enjoyment of the property and Patta No.557 was also issued in favour of him. After his demise, the petitioner succeeded over the property and decided to develop the aforesaid property and made some arrangements to measure the property. In this regard, he filed an online Jamabanthy https://hcservices.ecourts.gov.in/hcservices/

application dated 14.07.2021 to the first respondent. Subsequently, the second respondent has forwarded the same to the third respondent/Head Surveyor to measure the property and the same was acknowledged by the respondents. But, till date, no action has been taken by the respondents. Since he has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India, he filed the present writ petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to survey the land with police protection with regard to the land in question within a time frame.

4. Heard both sides and perused the records.

5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, the Writ Petition is disposed of, with a direction to the respondents to survey the petitioner's land in question within a period of four months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar gba To 1.The District Collector, Villupuram, Villupuram District.

2. The Tahsildar, Marakkanam Taluk, Villupuram District.

3. The Taluk Surveyor, Marakkanam Taluk, Villupuram District.

+1cc to Mr.J.Pradeep, Advocate, S.R.No.52511 W.P.No.21716 of 2021 KK(CO) GN(02/11/2021) https://hcservices.ecourts.gov.in/hcservices/