Maria Bakkiyam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.25061 OF 2021
1. Maria Bakkiyam
2. Jesu Raj
3. K.Bharathi
4. T.Sekar All are the principles of the Power of Attorney Represented by their Power Agent A.Sumathi ... Petitioners .Vs.
1. The District Collector, Master Plan Complex, NH 205, Chennai - Tiruttani High Way, Thiruvallur, Tamil Nadu - 602 001.
2. The Tahsildar, Avadi Taluk Office, Station Road, Thirumal Rajapuram, Avadi, Chennai - 600 071.
3. The Head Surveyor, Avadi Taluk Office, Station Road, Thirumal Rajapuram, Avadi, Chennai - 600 071.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to take appropriate action on the petitioner letter dated 22.10.2020 and the letter dated 09.11.2020 issued by the Assistant Director Department of Survey Record bearing No.Na.Ka.E2/2829/2020 to measure the vacant land extension of 8868 sq.ft. of the property comprised in Survey
No.90 and 91 for Plot Nos.4, 41, 58, 59 situated at Pothur Village, Avadi Taluk, Thiruvallur District.
For Petitioners :
Mr.G.K.Tamizh Arasan For Respondents :
Mr.Yogesh Kannadasan Special Government Pleader
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus, to directing the respondents to take appropriate action on the petitioners' letter dated 22.10.2020 and the letter dated 09.11.2020 issued by the Assistant Director Department of Survey Record bearing No.Na.Ka.E2/2829/2020 to measure the vacant land extension of 8868 sq.ft of the property comprised in Survey No.90 and 91 for Plot Nos.4, 41, 58, 59 situated at Pothur Village, Avadi Taluk, Thiruvallur District.
2. Heard, Mr.G.K.Tamizh Arasan, learned counsel appearing for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.
3. The petitioner made a representation before the Assistant Director, Department of Survey Record, to measure the vacant land to an extent of 8868 sq.ft comprised in Survey No.90 and 91 for Plot Nos.4, 41, 58, 59 situated at Pothur Village, Avadi Taluk, Thiruvallur District. On receipt of the same, the Assistant Director, Department of Survey Record, directed the Tahsildar, Avadi to consider the representation of the petitioners and take appropriate action and forwarded the application submitted by the petitioner to the Tahsildar, Avadi by a communication dated 07.11.2020. However even till today, the second respondent did not take any steps to measure the property belonged to the petitioners.
4. Considering the above, the petitioners are directed to make a fresh application with requisite fee within a period of two weeks before the second respondent to measure the land comprised in Survey No.90 and 91 for Plot Nos.4, 41, 58, 59 situated at Pothur Village, Avadi Taluk, Thiruvallur District. On receipt of the same, the second respondent is directed to measure and survey the said property as per the sale deed for the subject land, after issuance of notice to the adjacent land owners and counter parties, if any and pass orders to measure the subject land, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No order as to costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Lpp To 1.
The District Collector, Master Plan Complex, NH 205, Chennai - Tiruttani High Way, Thiruvallur, Tamil Nadu - 602 001.
2.
The Tahsildar, Avadi Taluk Office, Station Road, Thirumal Rajapuram, Avadi, Chennai - 600 071.
3.
The Head Surveyor, Avadi Taluk Office, Station Road, Thirumal Rajapuram, Avadi, Chennai - 600 071.
+1cc to the Government Pleader, S.R.No.61501 W.P.NO.25061 OF 2021 VSN-II(CO) PBS/08/12/2021