Mr.V.Vasantharajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2021
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No. 35736 of 2019 V.Vasantharajan ..Petitioner Vs
1. The District Collector, Thaiyarkullam, Kanchipuram, Tamil Nadu 631501.
2. The Tahsildar No.57, Ramanujam Nagar, Sriperumbudur, Tamil Nadu -602105.
Presently having office at Pallavaram.
3. The Head Surveyor, No.57, Ramanujam Nagar, Sriperumbudur, Tamil Nadu -602105.
Presently having office at Pallavaram. ..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of Mandamus, directing the respondents to identify and measure the Petitioners patta Land Viz Vacant land measuring to an extent of 1520 squarefeet comprised in Plot No 45- A Covered by Patta No 159 Survey No 157/1B which forms a layout called Dhanalakshmi Nagar Annexure.
For Petitioner : Mr.K.Bhavani Prasad For Mr. M.Sudhan For Respondents : Mr.K.M.D. Muhilan, GA
O R D E R
Writ Petition has been filed in the nature of mandamus seeking direction against the respondent more particularly to the 2nd respondent/Tahsildar, Sriperumbudur and the Head Surveyor, Sriperumbudur, both now holding office at Pallavaram to identify and measure the property of the petitioner herein, which is a vacant land measuring to an extent of 1520 sq.ft
comprised in plot no 45A in Patta No.159, survey No. 157/1B in layout called Dhanalakshmi Nagar Annex at Sriperumbudur, Kancheepuram District.
2. The petitioner claims that he had purchased the said property by document registered as Document No.4153/2012 on 31.05.2012 and he is possession of the property till date. The petitioner also claims that the patta was granted to his name in patta No.1865. The petitioner sought measurement of the property and in this connection, he had given a representation on 25.10.2019, he had also given a reminder on 20.11.2019. He had also made necessary payment for the measurement of the property on 20.11.2019.
3. Before this Court on 13.02.2020, then learned Government Advocate appearing for the respondents on instructions stated that the survey of property has been fixed at 11.AM on 18.02.2020 by the 2nd respondent/Tahsildar, Sriperumbudur.
However, the learned counsel for the petitioner stated that no such survey actually took place on 18.02.2020 or on any other subsequent date till now.
3. A Mandamus is issued directing the Tahsildar, Sriperumbudur and the Head Surveyor of Sriperumbudur/2nd & 3rd respondents herein to comply with the representation given and if required, the petitioner may pay fresh charges for survey of lands. Thereafter, the Tahsildar may inspect the lands, conduct survey, measure the property, fix boundaries and do necessary needful, at any rate, endeavour to comply the assignment within a period of twelve weeks from the date of receipt of a copy of this order.
4. With the above observations, the writ petition is allowed. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ak To
1. The District Collector, Thaiyarkullam, Kanchipuram, Tamil Nadu 631501.
2. The Tahsildar No.57, Ramanujam Nagar, Sriperumbudur, Tamil Nadu -602105.
Presently having office at Pallavaram.
3. The Head Surveyor, No.57, Ramanujam Nagar, Sriperumbudur, Tamil Nadu -602105.
Presently having office at Pallavaram W.P.No. 35736 of 2019 GPL(CO) RGA(17/09/2021)