A.Anthony Samy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :04.12.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31983 of 2018 Mr.A.Anthony Samy .... Petitioner Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Tahsildar Office, Gingee Taluk, Villupuram District.

3.The District Land Surveyor, Land Survey Office, Villupuram District.

....Respondents PRAYER: This Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 20.01.2018 for issuance of transfer of Patta in favour of the petitioner by measuring and fixing the Boundary stones.

For Petitioner :

Mr.N.Edwin Jeyakumar For Respondents:

Mr.S.Suresh Kumar Government Advocate

O R D E R

Heard, Mr.N.Edwin Jeyakumar, the learned counsel appearing for the petitioner and Mr.S.Suresh Kumar, the learned Government Advocate, who accepts notice on behalf of the respondents.

2. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the respondents to take appropriate action upon the petitioner's application dated 20.01.2018 to survey his land comprised in S.No.166/1 to an extent of 1901/3 cents situated at Chittrarasur Village, Gingee Taluk, Villupuram District and for issuance of transfer of Patta in favour of the petitioner.

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4. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 20.01.2018 for surveying his land, but, the same is yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

5. It is the fact that there is 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 second 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 four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Tahsildar Office, Gingee Taluk, Villupuram District.

3.The District Land Surveyor, Land Survey Office, Villupuram District.

+1cc to the Government Pleader, S.R.No.83990 W.P.No.31983 of 2018 KJI(CO) rrs 23/01/2019 https://hcservices.ecourts.gov.in/hcservices/