K.Devendran, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No.2642 of 2013 1 K.DEVENDRAN [ PETITIONER ] Vs 1 THE TAHSILDAR 2 THE HEAD SURVEYOR TALUK OFFICE 3 THE VILLAGE ADMINISTRATIVE OFFICER THAMARAIPAKKAM VILLAGE 4 GOVINDHASAMY 5 MUNIYAMMAL 6 RAMASAMY 7 V.MOHAN [ RESPONDENTS ] Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the 2nd respondent to Measure and Survey Thamaraipakkam Village S.No.514/2 10 cents out of 1 Acre 7 Cents bounded by Arni to Arcot Road on the West land of Mohan 7th respondent is on the South and East land of Palani in different S.Nos. on the North and to submit report to the 1st respondent to issue a separate Patta of the said property. For Petitioner : Mr. Anandha Babu for MMr.R.Margabandhu For Respondents : Mr.S.Gunasekaran, GA. for R1 to R3

O R D E R

Heard the learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for the respondents 1 to 3 and with the consent of the learned counsel on either side, the Writ Petition itself is taken up for disposal.

2. The petitioner seeks for a direction to the third respondent to direct the 2nd respondent to measure and survey S.No.514/2, 10 cents out of 1 Acre 7 Cents, bounded by Arni to Arcot Road on the West land of Mohan, 7th respondent and on the South and East land of Palani in different S.Nos. on the North in Thamaraipakkam Village and to submit report to the 1st respondent to issue a separate Patta of the said property.

3. In this regard, application was submitted to the first respondent but till date, no action has been taken, excepting for issuing an acknowledgment on 16.11.2012. The neighbouring land owners have also been impleaded as respondents 4 to 7. They have been served, but none appears for respondents 4 to 7, though their names are printed in the cause list.

4. In the light of the above, without expressing anything on the merits of the petitioner's contention, there shall be a direction to the first respondent to consider the petitioner's application dated 22.10.2012, which was received by the first respondent on 16.11.2012 and pass orders on merits and in accordance with law, after issuing notice to the petitioner as well as respondents 4 to 7 and after hearing them in person, within a period of three months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ajr To 1 THE TAHSILDAR

2 THE HEAD SURVEYOR TALUK OFFICE 3 THE VILLAGE ADMINISTRATIVE OFFICER THAMARAIPAKKAM VILLAGE + 1 cc to M/s. R. Margabandhu, Advocate SR.8188 W.P.No.2642 of 2013 AD(CO) Eu 19.02.15