Sambasivam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.10.2022 Coram The Honourable Mr.Justice M.DHANDAPANI Sambasivam

...Petitioner

Versus

1.The Revenue Divisional Officer, O/o. Taluk Office, Cheyyur Taluk, Chengalpattu District.

2.The Tahsildar, Taluk Office, Cheyyur, Chengalpattu District.

3.The Head Surveyor, Taluk Office, Cheyyur, Chengalpattu District.

4.The Inspector of Police, Cheyyur Police Station, Chengalpattu District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd and 3rd respondents to survey the petitioner's property in S.No.206/1 situated at Thondamanallur Madhura, Thadhakuppam, Cheyyur Taluk, Chengalpattu District and fix the boundary stone with the assistant of the fourth respondent by considering the petitioner's application dated 19.09.2022. 1/5

For Petitioner :

Mr.T.Meganathan For Respondents :

Mr.U.Bharanidharan, Additional Government Pleader

O R D E R

Mr.U.Bharanidharan, learned Additional Government Pleader takes notice for the respondents. With the consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. The relief sought in this writ petition is to direct the respondents 2 & 3 to survey the petitioner's property in S.No.206/1 situated at Thondamanallur Madhura, Thadhakuppam, Cheyyur Taluk, Chengalpattu District and fix the boundary stone with the assistant of the fourth respondent by considering the petitioner's application dated 19.09.2022.

3. The case of the petitioner is that he has a property to an extent of 56 cents in Survey No.206/1 situated at Thondamanallur Madhura, Thadhakuppam, Cheyyur Taluk, Chengalpattu District. The entire Revenue Records of the said property stands in his name. He has also obtained Patta No.971 in his name in respect of the said property. He is in absolute possession and enjoyment of the said property. He decides to put-up 2/5

fencing in his property to secure the same from other persons. He made a representation dated 19.09.2022 before the second respondent, for surveying his aforesaid property and fixing the boundary stone in it, for which, he paid necessary fees to the Revenue Department. Even though he made several requests to the respondents 2 & 3 in this regard, they have not yet taken any steps to survey his property. Hence, left with no other alternative, the petitioner has knocked the doors of this Court with the present writ petition.

4. Heard the learned counsel on either side and perused the materials placed before this Court.

5. Considering the limited relief sought by the petitioner in this writ petition, this Court, without going into the merits of the case, directs the respondents 2 & 3 to consider the petitioner's representation dated 19.09.2022 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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6. With the above direction, this writ petition is disposed of. No costs.

19.10.2022 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order Copy to 1.The Revenue Divisional Officer, O/o. Taluk Office, Cheyyur Taluk, Chengalpattu District.

2.The Tahsildar, Taluk Office, Cheyyur, Chengalpattu District.

3.The Head Surveyor, Taluk Office, Cheyyur, Chengalpattu District.

4.The Inspector of Police, Cheyyur Police Station, Chengalpattu District.

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M.DHANDAPANI, J.

mrr 19.10.2022 5/5