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Madras High CourtWP/6239/2016disposed of

D.S.Haribabu v. The Distric Collector

2016-02-22Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.6239 of 2016 D.S.Haribabu .. Petitioner Vs.

1.The District Collector Office of District Collector 2.The Assistant Director of Land Survey and Land Reforms Office of the Director of Survey and land records 3.The Tahsildar Thiruttani Taluk, 4.The Inspector of Survey and land records Office of the Director of Survey and land reforms Thriuvallur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the respondents to consider the representation made by the petitioner dated 08.02.2016 for surveying and measuring the property measuring 1500sq.ft being the Eastern portion of Plot No.30 situated at Nallanikunda Village, Punja Survey No.353/4B now subdivided as punja survey No.353/4C, Thiruttani Taluk and For Petitioner : M/s.S.V.Devashanthi For respondents : M/s.P.Karthikeyan, GA.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2.The petitioner has come up with the present writ petition for issuance of writ of mandamus to direct the respondents to consider the representation made by the

petitioner dated 08.02.2016 for surveying and measuring the property measuring 1500sq.ft being the Eastern portion of Plot No.30 situated at Nallanikunda Village, Punja Survey No.353/4B now subdivided as punja survey No.353/4C, Thiruttani Taluk and 3.The petitioner purchased the Eastern portion of the property measuring 1500sq.ft by registered sale deed dated 14.12.2006 in document No.4518 of 2006 situated at No.30 Nallanikunda Village, Punja Survey No.353/4B now subdivided as Punja Survey No.353/4C, Thriuthani Taluk, Thiruvallur District was originally owned by one T.D.Ranganathan. The petitioner was in possession and enjoyment of the plot No.30 from the date of purchase. The petitioner's vendor holding patta bearing No.6 in his favour for total 3000sq.ft. The petitioner approached the third respondent for issuance of patta in respect of Eastern portion for 1500sq.ft. The 3rd respondent instructed to approach the second respondent for surveying the land with proper boundaries, for the portion of land purchased under the sale deed.

4.The petitioner also submitted several representation to the fourth respondent in this regard, but no action has been initiated.

The petitioner also submitted detailed representation to the first respondent on 08.02.2016 enclosing all necessary documents. The first respondent in his File No.PP/15/01530 forwarded the same to the second respondent. The petitioner further submitted separate application for effecting patta transfer in Application No.2016/0103/01/001604 dated 04.02.2016 the same was acknowledged in CAN.No.0330103037145.

But till date the respondent authorities failed to initiate any action on the said application. Hence, the petitioner filed the present writ petition.

5.Heard the submissions of learned counsel appearing for the petitioner and the learned Government Advocate who accepts notice on behalf of the respondents.

6.Considering the facts and circumstances, this Court, without going into the merits of the same, directs the second respondent to survey and measure the property as stated in the petitioner's representation dated 08.02.2016 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the necessary parties, if any.

7.The writ petition is disposed of accordingly. No costs.

Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

tsh To 1.The District Collector Office of District Collector 2.The Assistant Director of Land Survey and Land Reforms Office of the Director of Survey and land records 3.The Tahsildar Thiruttani Taluk, 4.The Inspector of Survey and land records Office of the Director of Survey and land reforms Thriuvallur District.

+1cc to Mr.S.V.Devashanthi,Advocate SR.No.10754 1 CC to the Government Pleader SR NO 11057 W.P.No.6239 of 2016.

rsi[co] gp/7.3.