R.Boobalan v. Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25765 of 2016 R.Boobalan ... Petitioner Vs.

1.Tahsildar Poonamallee Taluk, Chennai - 600 077.

2.Taluk Surveyor, Poonamallee Taluk Office, Chennai - 600 077.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to Survey the lands having an extent of 0.38 cents comprised in survey No.42/6 and 0.32 cents in Survey No.50/2 in Noombal Road, Velappanchavadi Village, presently Poonamallee Taluk (Originally Saidapet Taluk), Poonamallee Sub Division, Chengalpattu District by considering the petitioners representation dated 16.2.2016 and by permitting him to remit the necessary charges through prescribed challan within a reasonable time to be fixed by this Honourable court. For Petitioner : No Appearance For Respondents : Mr.P.Sanjai Gandhi Additional Government Pleader

O R D E R

The petitioner would state that the lands admeasuring to an extent of 0.38 cents in Survey No.42/6 and 0.32 cents in Survey No.50/2 in Noombal Road, Velappanchavadi Village, presently Poonamallee Taluk (Originally Saidapet Taluk), Poonamallee Sub Division, Chengalpattu District was originally owned by his maternal grandmother namely, Savithri Ammal who in turn, executed a Will dated 08.03.1985 in favour of the petitioner's mother namely, Ramani Ammal registered as document no.20/1985 on https://hcservices.ecourts.gov.in/hcservices/

the file of the Sub Registrar Office, Anna Nagar, Chennai. The petitioner would further state that on account of the demise of his grandmother, his mother has succeeded to the Estate in view of the above stated Will and she also died on 14.11.2001 leaving behind his father, sisters and himself as the legal heirs. The petitioner has submitted a representation dated 16.02.2016 to the first respondent praying for survey and measurement of the land and also paid necessary fees and since no orders have been passed, came forward to file this writ petition. 2.The learned counsel appearing for the petitioner is absent. This Court heard the submissions of Mr.P.Sanjai Gandhi, learned Additional Government Pleader who accepts notice on behalf of the respondents.

3.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the respondents to consider and dispose of the petitioner's representation dated 16.02.2016, in accordance with law and after putting on notice the persons concerned, pass orders, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned. 4.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar pri To

1. The Tahsildar Poonamallee Taluk, Chennai - 600 077.

2. The Taluk Surveyor, Poonamallee Taluk Office, Chennai - 600 077.

+1cc to Mr.Kumaresan, Advocate, S.R.No.42570 +1cc to the Government Pleader, S.R.No.42162 W.P.No.25765 of 2016 BVR(CO) CA(18/08/2016) https://hcservices.ecourts.gov.in/hcservices/