Thiru Arulmigu Sitthi Vinayagar Koil And Srinivasa Perumal And Bavani Amman Koil Trust, v. The Special Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.01.2019
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.32140 of 2018 and WMP No.37746 of 2018
1. Thiru Arulmigu Sitthi Vinayagar Koil & Srinivasa Perumal and Bavani Amman Koil Trust, Rep by its President Mr.Veramuthu S/o. Selvaraj, Kamarajar Street, Kamarajar Nagar, Sekkadu Village, Chennai 600 071.
2. Mr.Sigamani .. Petitioners Vs.
1. The Special Tahsildar, Avadi Town Survey Office,
2. The Thasildar, Avadi Taluk Office,
3. The Revenue Divisional Officer, Thiruvallur Revenue Divisional Office,
4. The Jamabandhi Officer, 1427 Pasali Year Revenue Tribunal, Avadi Taluk, Thiruvallur District.
5. The Inspector of Police, Avadi Police Station (L & O),
6. The Deputy Commissioner of Police, Ambattur Police District,
7. The Commissioner, Avadi Municipalty Office,
8. The District Collector, Thiruvallur District Collector Office,
9. The Principal Secretary, Revenue Department, St. George Fort, Chennai 600 009.
10.The Commissioner of Police, Chennai Police, Vepery, Chennai 600 007.
.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider and thereby disposing the representation made by the petitioners on 27.04.2018, 02.05.2018 and 13.07.2018 to respondents for survey/Measure the Arulmigu Vinayagar Koil and Kudineer Kinaru (drinking well) situated in Thiruvallur District, Avadi Taluk, Sekkadu Village, old Survey No.170/9, now with in the limit of Avadi Municipality, ward F, Block No.9, T.S. /new Survey No.61, measuring an extent of 0.0130 square meter, Patta No.75, measuring an extent of 0.0130 Square Meter of Temple and his land and fix the boundaries and issue the survey certificate. For Petitioners : Mr.K.Yuvaraj 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 respondents 1 and 2 to consider and thereby dispose of the representation made by the petitioners on 27.04.2018, 02.05.2018 and 13.07.2018 to the respondents for survey/Measure the Arulmigu Vinayagar Koil and Kudineer Kinaru (drinking well) situated in Thiruvallur District, Avadi Taluk, Sekkadu Village, old Survey No.170/9, now with in the limit of Avadi Municipality, ward F, Block No.9, T.S. /new Survey No.61, measuring an extent of 0.0130 square meter, Patta No.75, measuring an extent of 0.0130 Square Meter of Temple and his land and fix the boundaries and issue the survey certificate.
2. Heard Mr.K.Yuvaraj, learned counsel appearing for the petitioners and Mr.E.Balamurugan, learned Special Government Pleader appearing for the Respondents
3. According to the learned counsel for the petitioners, the petitioners have submitted representations dated 27.04.2018, 02.05.2018 and 13.07.2018 for measuring the property on paying appropriate survey fees to the respondents 1 and 2, but the same are yet to be disposed of by the respondents. Hence, the petitioners are before this Court.
4. 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 petitioners herein waiting their property to be surveyed. Hence, the respondents 1 and 2 are 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 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.
5. With the above direction, this writ petition stands disposed of. No costs.
Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jv To
1. The Special Tahsildar, Avadi Town Survey Office,
2. The Thasildar, Avadi Taluk Office,
3. The Revenue Divisional Officer, Thiruvallur Revenue Divisional Office,
4. The Jamabandhi Officer, 1427 Pasali Year Revenue Tribunal, Avadi Taluk,
5. The Inspector of Police, Avadi Police Station (L & O),
6. The Deputy Commissioner of Police, Ambattur Police District,
7. The Commissioner, Avadi Municipalty Office,
8. The District Collector, Thiruvallur District Collector Office,
9. The Principal Secretary, Revenue Department, St. George Fort, Chennai 600 009.
10. The Commissioner of Police, Chennai Police, Vepery, Chennai 600 007.
+1 cc to The Government Pleader, SR.No.4579 W.P.No.32140 of 2018 and WMP No.37746 of 2018 PPA(CO) CSL/18.02.2019