V.Venkatesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.11.2018

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.30969 of 2018 V. Venkatesan .. Petitioner versus 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Revenue Divisional Officer, Cheyyar & Taluk, Tiruvannamalai District - 604 407.

3.The Tahsildar, Cheyyar & Taluk, Tiruvannamalai District - 604 407.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to survey the petitioner's house land and put up boundary stone in respect of survey No.238/2 of Thiruvathur Village, bearing No.1, Door No.13A, East Mada Street, Thiruvatthipuram Post, Cheyyar Taluk, Tiruvannamalai District measuring to an extent of 1260 sq.ft of house land. For Petitioner : Mr.K.Sannjay For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the third respondent to survey the petitioner's house land and put up boundary stone in respect of survey No.238/2 of Thiruvathur Village, bearing No.1,

Door No.13A, East Mada Street, Thiruvatthipuram Post, Cheyyar Taluk, Tiruvannamalai District measuring to an extent of 1260 sq.ft of house land.

2. According to the learned counsel for the petitioner, the petitioner has submitted representations on 19.12.2014, 21.09.2017 and 13.10.2017 for measuring his land and putting up boundary stone, but, the same are yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

3. Heard Mr.K.Sannjay, learned counsel appearing for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader appearing for the respondents.

4. The learned Special Government Pleader submitted that the proceedings said to be passed by the Tahsildar, Cheyyar in Na.Ka.No.E1/5607/2017 dated 24.08.2017 is not available in the typed set of papers.

5. As the said proceedings is said to be issued by the Tahsildar/the third respondent, the same can be made use of by the third respondent himself from his files.

6. It is the fact that there is a dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their properties to be surveyed. Hence, the third respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar rsi

To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Revenue Divisional Officer, Cheyyar & Taluk, Tiruvannamalai District - 604 407.

3.The Tahsildar, Cheyyar & Taluk, Tiruvannamalai District - 604 407.

+1cc to Mr.K.Sannjay, Advocate SR.No.80066 +1cc to Government Pleader SR.No.80459 W.P.No.30969 of 2018 CP(CO) GMY(24/12/2018)