Santhamma v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.19644 of 2018 Santhamma ..

Petitioner Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Revenue Divisional Officer, Hosur, Krishnagiri District.

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 3rd respondent to conduct survey of the petitioner's property comprising in Survey No.1100/1A4, Sennathur (North) Village, Hosur Taluk, Krishnagiri District as per the Settlement Deed dated 22.01.1994 registered as Doc.No.246 of 1994 in the office of the Sub Registrar, Hosur and consequently, issue fresh FMB by making suitable corrections in the Northern Boundary of Survey No.1100/1A4.

For Petitioner : Mr.D.Baskar For Respondents: Mr.V.Jayaprakash Narayanan, Special Government Pleader

O R D E R

The petitioner is the owner of the property comprised in Survey No.1100/1A4, Sennathur (North) Village, Hosur Taluk, Krishnagiri District, in whose favour the Revenue Authorities have also issued patta on 14.11.2013.

2.A perusal of the patta issued by the 3rd respondent clearly shows that the land covered in Survey No.1100/1A4 measuring an extent of 0.02.50 Hectares belongs to the petitioner. That apart, the registered Settlement Deed dated 22.01.1994 registered as Doc.No.246 of 1994 executed in favour https://hcservices.ecourts.gov.in/hcservices/

of the petitioner also clearly shows that the petitioner is the owner of the property. Therefore, this Court finds no hesitation to accept the request of the petitioner to direct the 3rd respondent to survey the property comprised in Survey No.1100/1A4, Sennathur (North) Village, Hosur Taluk, Krishnagiri District.

3.The learned Special Government Pleader appearing for the respondents submitted that the 3rd respondent would consider the petitioner's request and do the needful.

4.In the result, the Writ Petition is disposed of with a direction to the 3rd respondent to consider the petitioner's representations dated 15.05.2017 and 01.06.2018 on the basis of the patta dated 14.11.2013 and the registered Settlement Deed dated 22.01.1994 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar va To 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Revenue Divisional Officer, Hosur, Krishnagiri District.

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

+1cc to Mr.D.BASKAR, Advocate, S.R.No.52116 +1cc to the Government Pleader, S.R.No.52842 W.P.No.19644 of 2018 KAN(CO) TR(21/08/2018) https://hcservices.ecourts.gov.in/hcservices/