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Madras High CourtWP/30352/2022disposed of

P.Velyutham v. The District Collector

2022-11-16Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Velayutham ... Petitioner Vs.

1. The District Collector, Chengalpattu District.

2.The Revenue Divisional Officer, Tambaram, Chengalpattu District.

3.The Tahsildar, Pallavaram Taluk, Pallavaram, Chegalpattu District.

4.The Taluk Head Surveyor, Pallavaram Taluk, Pallavaram, Chegalpattu District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take action to dispose of the petitioner's representation dated 18.05.2022 and 07.10.2022 submitted with regard to survey the petitioner's land by metes and bounds, land properties of an extent of 1070.62 Sq.ft., in and out of an total extent of (2141.24) Sq.ft., 1/6

Old Survey No.322/2, Town Survey Register No.78, Block No.13, Ward No.B, in Zamin Pallavaram Village, Malangananthapuram, Pallavaram Taluk, Chengalpattu District, by making proper sub-division within the period stipulated by this Court.

For Petitioner : Mr.V.Logeswaran For Respondents : Mr.U.Bharanidharan Additional Government Advocate

ORDER

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the respondents to take action to dispose of the petitioner's representation dated 18.05.2022 and 07.10.2022 submitted with regard to survey the petitioner's land by metes and bounds, land properties of an extent of 1070.62 Sq.ft., in and out of an total extent of (2141.24) Sq.ft., Old Survey No.322/2, Town Survey Register No.78, Block No.13, Ward No.B, in Zamin Pallavaram Village, Malangananthapuram, Pallavaram Taluk, Chengalpattu District, by making proper sub-division, within a stipulated time.

2. The case of the petitioner is that the aforesaid property originally 2/6

belongs to petitioner's mother, the petitioner has become the owner of the property by virtue of Settlement Deed registered as Doc.No.7489 of 2019 dated 22.08.2019 and Rectification Deed dated 24.02.2020, registered as Doc.No.1641 of 2020 on the file of the Sub Registrar, Pallavaram. The petitioner has remitted necessary fees for mutation of Patta and survey the above said property. The petitioner gave a representations dated 18.05.2022 and 07.10.2022 respectively to the 3rd and 4th respondents seeking to mutate the Revenue Records in favour of the petitioner and survey the property by fixing boundaries in the aforesaid land. As the said representations made by the petitioner has evoked no response, the petitioner has filed this present Writ Petition.

3. The learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representations dated 18.05.2022 and 07.10.2022 respectively to survey and demarcate the boundary of petitioner's land in the above said Survey numbers and pass orders on the same within a particular time frame fixed by this Court.

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4. Mr.U.Bharanidharan, learned Additional Government Pleader for the respondents submits that if any direction is given by this Court, the same will be complied with.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representations dated 18.05.2022 and 07.10.2022 respectively to survey and demarcate the boundary of petitioner's land, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This Writ Petition is accordingly is disposed of. No costs. 16.11.2022 gba Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The District Collector, Chengalpattu District.

2.The Revenue Divisional Officer, Tambaram, Chengalpattu District.

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3.The Tahsildar, Pallavaram Taluk, Pallavaram, Chegalpattu District.

4.The Taluk Head Surveyor, Pallavaram Taluk, Pallavaram, Chegalpattu District.

M.DHANDAPANI,J.

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