M.Sankaran v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.32707 of 2022 and W.M.P.No.32089 of 2022 M.Sankaran ....
Petitioner -Vs1.The State of Tamil Nadu Rep.by the Secretary to Government Revenue Department, Fort St.George Chennai-9.
2.The District Collector Ranipet, Ranipet District.
3.The Tahsildar Arakkonam, Ranipet District.
4.M.Yoganandam 5.M.Gurumurthy ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent herein to survey the petitioner's house site measuring 170 ft by length and 22 ft by breadth and having total measurement of 3740 sq.ft having patta No.2088 comprised in Survey No.1266/10 situate in Sanjeevirayanpettai Street, Thakkolam Village, Arakkonam Taluk, Ranipet District and fix its boundary stones at its four corners and remove the mistakes with regard to the measurement of the petitioner's 1 / 5
house site and issue necessary revenue record within a time limit to be fixed by this Hon'ble Court.
For Petitioner : Mr.Secular S.Arunkumar For Respondents : Mr.R.P.Muruganraja Government Advocate - for RR 1 to 3
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 3rd respondent herein to survey the petitioner's house site measuring 170 ft by length and 22 ft by breadth and having total measurement of 3740 sq.ft having patta No.2088 comprised in Survey No.1266/10 situate in Sanjeevirayanpettai Street, Thakkolam Village, Arakkonam Taluk, Ranipet District and fix its boundary stones at its four corners and remove the mistakes with regard to the measurement of the petitioner's house site and issue necessary revenue record within a time limit to be fixed by this Court.
2. It is the claim of the petitioner that, the house site measuring 3740 sq.ft in Patta No.2088 in S.No.1266/10, at Sanjeevirayan Street, Thakkolam Village, Arakkonam Taluk, Ranipet District belongs to the petitioner.
3. In order to measure the metes and bounds of the said property and to lay the boundary stones the petitioner having paid the fee, has given an 2 / 5
application on 05.10.2022 to the respondents especially the 3rd respondent Tahsildar. However, the said application so far has not been acted upon. Hence, the petitioner has preferred the present writ petition with the aforesaid prayer.
4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the official respondents.
5. Learned Government Advocate submits that, since there has been some dispute between the fourth respondent and the petitioner, the petitioner wanted to survey the property. Therefore, after verifying whether the petitioner has paid necessary fee to that effect, the needful would be undertaken by the third respondent, after giving notice to the petitioner as well as the fourth respondent, who is the neighbour of the petitioner and appropriate action would be taken within a time frame that may be stipulated by this Court.
6. Considering the said submission made by the learned Government Advocate and having regard to the factual matrix of the case, this Court is inclined to dispose of this writ petition with the following order. " That there shall be a direction to the third respondent Tahsildar to consider the request of the petitioner dated 3 / 5
05.1.2022 and do the needful for surveying the land, after giving notice to the petitioner and the fourth respondent. The needful as indicated above shall be undertaken within six weeks from the date of receipt of a copy of this order."
7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06.12.2022 Index : Yes/No Internet : Yes/No KST To 1.The Secretary to Government Revenue Department, Fort St.George Chennai-9.
2.The District Collector Ranipet, Ranipet District.
3.The Tahsildar Arakkonam, Ranipet District.
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R. SURESH KUMAR, J.
KST W.P.No. 32707 of 2022 06.12.2022 5 / 5