G.Sivakumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.38903 of 2024 G.Sivakumar
...Petitioner
Vs 1.The Commissioner O/o.Commissionerate of Survey and Settlement, Survey House, Chepauk, Chennai - 5.
2.The District Collector, Chennai District, Collectorate Building, Rajaji Salai, Chennai - 600 001.
3.The Tahsildar, Mambalam Taluk, Chennai - 600 078.
4.The Taluk Surveyor, Mambalam Taluk, Chennai - 600 078.
...Respondents
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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus to quash the impugned order bearing No.O.Mu. A2/ 2832 / 2024 dated 25.10.2024 and consequently direct the 3rd and 4th Respondent to survey and amend the measurements in Field measurement Book relating to Survey No. 47/5 along with the pathway in accordance with settlement Deed dated 16.04.2015 will probate order in OP No.76 of 2016 and patta bearing No.558 after affording a fair hearing to the petitioner and any other necessary parties concerned in accordance with law within the stipulated time and pass such further or other orders that this Court may deem fit and necessary in the facts and circumstances of the case. For Petitioner : M/s.Yukshitha for M/s.Ram Gokul Advocates and Associates.
For Respondents : Mr.A.Selvendran Special Government Pleader (For R1 to R4)
ORDER
The present Writ Petition has been filed to quash the impugned order bearing No.O.Mu. A2/ 2832 / 2024 dated 25.10.2024 and consequently direct the 3rd and 4th respondent to survey and amend the measurements in Field measurement Book relating to Survey No. 47/5 along with the pathway in accordance with settlement Deed dated 16.04.2015.
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2.It is informed by Mr.Selvendran, the learned Special Government Pleader that the survey has been conducted and joint patta has been issued to the petitioner along with the other. Survey has been concluded and a joint patta has been issued, the petitioner also being included in the same and the nature of holding is shown as common pathway.
3.Recording the same, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 16.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4
P.T.ASHA , J, ep To 1.The Commissioner O/o.Commissionerate of Survey and Settlement, Survey House, Chepauk, Chennai - 5.
2.The District Collector, Chennai District, Collectorate Building, Rajaji Salai, Chennai - 600 001.
3.The Tahsildar, Mambalam Taluk, Chennai - 600 078.
4.The Taluk Surveyor, Mambalam Taluk, Chennai - 600 078.
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