← Library
Madras High CourtWP/19105/2018disposed of

G.V.Suresh, v. District Collector

2018-07-27Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.19105 of 2018 and WMP.Nos.22597 and 22598/2018

1. G.V.Suresh

2. G.V.Ramesh

3. G.V.Balamurugan

4. G.V.Indumathi ..

Petitioners -vs1. The District Collector, Tiruvallur District.

2. The Tahsildar, Maduravoyal Taluk, Tiruvallur District.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 2nd respondent to carry out the survey operation in the Survey Filed Numbers S.No.226/1A (266/1B1) =1.04, S.No.266/2=0.71, S.No.267/12 (Old S.No.267)=0.81, S.No.269(2) (Old S.No.269)=0.1, S.No.270=0.179, S.No.281/1=1.63, S.No.282/2=0.95, S.No.282/1=1.15, S.No.281/1=0.39 of Nolambur Village, Maduravoyal Taluk, Tiruvallur District.

For Petitioners ::

Mr.S.Jayakumar For Respondents ::

Mrs.P.Rajalakshmi Addl. Govt. Pleader

ORDER

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 2nd respondent to carry out the Survey Operation in the Survey Filed Numbers S.No.226/1A (266/1B1) =1.04, S.No.266/2=0.71, S.No.267/12 (Old S.No.267)=0.81, S.No.269(2) (Old S.No.269)=0.1, S.No.270=0.179, S.No.281/1=1.63, S.No.282/2=0.95, S.No.282/1=1.15, S.No.281/1=0.39 of Nolambur Village, Maduravoyal Taluk, Tiruvallur District.

2.

Learned Counsel appearing for the petitioners submitted that the petitioners are the owners of the lands in S.No.226/1A (266/1B1) =1.04, S.No.266/2=0.71, S.No.267/12 (Old S.No.267)=0.81, S.No.269(2) (Old S.No.269)=0.1, S.No.270=0.179, S.No.281/1=1.63, S.No.282/2=0.95, S.No.282/1=1.15, S.No.281/1=0.39 of Nolambur Village, Maduravoyal Taluk, Tiruvallur District and joint patta has also been issued in favour of the petitioners 1 and 2 on 17.02.2018 by the Regional Deputy Tahsildar, Maduravoyal. As these lands have not been properly demarcated by measurement on all four sides, the petitioners have given a representation dated 17.3.2018 to the 1st respondent, namely, the District Collector, Tiruvallur District seeking measurement of their lands. But, till date, the same has not been considered. Hence, the present Writ Petition.

3.

Mrs.P.Rajalakshmi, learned Additional Government Pleader taking notice for the respondents submitted that the lands in survey numbers which are clearly shown in the patta issued in favour of the petitioners 1 and 2 on 17.02.2018 by the Regional Deputy Tahsildar, Maduravoyal that alone will be measured by the Tahsildar with the assistance of a Land Surveyor after issuing notice to the petitioners.

4.

Since the petitioners are joint pattadars of the aforesaid survey numbers of the lands, this Court finds no impediment to direct the 2nd respondent, namely, Tahsildar, Maduravoyal Taluk, Tiruvallur District to consider the measurement of the lands-in-question, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the Tahsildar, after appointing a Land Surveyor either Tahilsidar of the land Surveryor shall issue a notice to all the joint pattadars and thereafter, survey and issue a separate patta.

5.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-) //True Copy// Sub Assistant Registrar tsi

To

1. The District Collector, Tiruvallur District.

2. The Tahsildar, Maduravoyal Taluk, Tiruvallur District.

+2cc to Mr.S.JAYAKUMAR, Advocate, S.R.No.50622 +1cc to the Government Pleader, S.R.No.51416 W.P.No.19105 of 2018 CA(CO) TR(11/08/2018)