J.Amulraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN J. Amulraj ... Petitioner

Versus

1.The District Collector, Chengalpattu District, Chengalpattu 2.The Deputy Tahsildar, Chengalpattu Taluk Office, Chengalpattu.

3. The Assistant Director of the land Survey & Records Department, Office of the Land Survey & Records Department, Chengalpattu.

4. The Tahsildar, Thirukazhukundram Taluk Office, Thirukazhukundram , Chengalpattu District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 4th respondent herein to consider the petitioner's representation dated 14.08.2023 within a time frame fixed by this Court and to correct the Field Map in respect of Plot No.135/3, comprised in Survey No.193/1E1A2, situated at Annai Satya Nagar, Thirumani Village, Thirukazhukudnram Taluk, Chengalpattu District.

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For Petitioner :

Mr. R. Rajesh Vivekananthan For Respondents :

Mr. Yogesh Kannadasan, Special Governement Pleader.

O R D E R

Mr. Yogesh Kannadasan, learned Special Governement Pleader takes notice on behalf of the respondents.

2.

This writ petition has been filed seeking a mandamus simplicitor to direct the respondents to consider the petitioner's recent representation dated 14.08.2023, within a time that may be fixed by this Court and to correct the Field Map in respect of Plot No.135/3, comprised in Survey No.193/1E1A2, situated at Annai Satya Nagar, Thirumani Village, Thirukazhukudnram Taluk, Chengalpattu District. 3.

The claim of the petitioner is that he purchased a vacant house site comprised in S.No.193/1E1A2, having an extent of 1744 Sq.ft out of 8 cents of land situated at Thirumani Village, Thirukazhukudnram Taluk, now Chengalpattu Taluk, Chengalpattu District, under a registered Sale Deed dated 27.01.2006 vide Doc.No.81 of 2006 at the Office of the District Registrar, Chengalpattu District from one Mr. Raghavan as a valid Page No.2 of 5

consideration. The Village Administrative Officer approached the petitioner seeking to part with a portion of the land for laying road. Though the petitioner rejected the request of the Village Administrative Officer to offer his land, the petitioner's land was once again intentionally resurvyed improperly by the same Village Administrative Officer for the purpose of encroaching the petitioner's land. Therefore, the petitioner sent an application to the second respondent on 01.12.2023 to the Right to Information Act, for want of FMB sketch, even though the petitioner received the same, the petitioner came to understand that it was literally altered by the officials without any prior intimation to the petitioner.

Thereafter, the petitioner raised a complaint before the District Collector, Chengalpat and simultaneously to the CM Cell too, on 29.03.2023. However, no response was received. Again the petitioner gave a representation dated 14.08.2023 to the fourth respondent. Till date, no action has been taken, the petitioner filed the present Writ Petition before this Court for the above said relief.

4.

Under such circumstances, the fourth respondent is directed to conside the petitioner's representation dated 14.08.2023 and to issue notice Page No.3 of 5

to the petitioner and the adjacent land owners, rival claimants / interested parties, if any, and conduct an enquiry in the manner known to law and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

5.

With the above directions, the Writ Petition is disposed of. No costs.

07.12.2023 Index : Yes/No Speaking / Non-Speaking order To:

1.The District Collector, Chengalpattu District, Chengalpattu 2.The Deputy Tahsildar, Chengalpattu Taluk Office, Chengalpattu.

3. The Assistant Director of the land Survey & Records Department, Office of the Land Survey & Records Department, Chengalpattu.

4. The Tahsildar, Thirukazhukundram Taluk Office,Thirukazhukundram , Chengalpattu District.

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P. VELMURUGAN, J.

klt 07.12.2023 Page No.5 of 5