Disposed

J.Myvanna Kumar, v. The Commissioner

Madras HC26 Apr 2016WP/15341/2016

Case brief

AI extract

What is this about?

In a civil appeal, the Madras High Court directed the petitioner to submit a fresh representation to the District Collector for land measurement and demarcation. The Collector was instructed to conduct an inquiry with a personal hearing and pass appropriate orders within six weeks.

What did the court decide?

Direction to petitioner to submit fresh representation to District Collector; direction to District Collector to hold inquiry with personal hearing and pass orders within six weeks.

J.Myvanna Kumar, Vs The Commissioner — Land Acquisition | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 26.4.2016

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE R.SUBBIAH

¶5

W.P.No.15341 of 2016

¶6

and

¶7

WMP.No.13375 of 2016
J. Myvanna Kumar ... Petitioner
Vs.
1. The Commissioner,
Jolarpettai Municipality Grade III,
Jolarpettai, Vellore District.
2. The District Collector,
District Collector's Office,
Sathuvachari, Vellore.
3. The Taluk Surveyor,
Taluk Office,
Nattrampalli,
Vellore District. ... Respondents

¶8

PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to measure the petitioner's land in S.No.335/1, Kudiyanakuppam Village, Nattrampalli Taluk, Vellore District and demarcate the same in accordance with the revenue records by laying survey stones.

¶9

For Petitioner : Mr.R.Subramanian For Respondents : Mrs. P. Rajalakshmi Government Advocate O R D E R

¶10

By consent, the Writ Petition is taken up for final hearing at the stage of admission itself.

¶11

The petitioner has come forward with this Writ Petition seeking for issuance of Mandamus upon the respondents to measure

¶12

https://hcservices.ecourts.gov.in/hcservices/

¶13

the petitioner's land in S.No.335/1, Kudiyanakuppam Village, Nattrampalli Taluk, Vellore District and demarcate the same in accordance with the revenue records by laying survey stones.

¶14

2.(a) Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who took notice for the respondents.

¶15

It is the case of the petitioner that the property situate in Survey No.335/1, Kudiyanakuppam Village measuring 4.64 acres belonged to his father late Janakirama reddy. After his demise, the said property devolved upon his legal heirs viz., 1. J. Rahinakumar, 2. J. Naveena Kumari, 3. J. Myvanna Kumar, 4. J.Madhava Kumar and 5. J. Mohana Kumari and patta has also been changed in joint names of the sharers. The petitioner is filing this writ petition on behalf of other legal heirs of his father also.

¶16

On the eastern side of the petitioner's property, the 1^st respondent viz., Jolarpettai Municipality has laid temporary mud road and in the said action, the 1^st respondent has encroached the land measuring 120 feet x 6 feet from North to South in their land and subsequently on 24.7.2015, they issued a legal notice to the 1^st respondent and others informing them that the 1^st respondent is attempting to lay permanent road in their land and further it was also stated that adjacent to their land in S.No.63/1, there was one Mangamma Kulam/Ganapathy Kuttai and at the time of forming the road, if the height of the road is raised, then excess rain water will get stagnated in their land, due to which, they will not be able to raise any crops.

¶17

For that, a reply was sent by the 1^st respondent on 11.8.2015 stating that there would be no encroachment by the Municipality in S.No.335/1 and in case of laying proper tar road, appropriate drainage facility will be provided.

¶18

Since the encroachment made by the 1^st respondent was denied, the petitioner's brother Madhava kumar made a representation to the 2^nd respondent viz., the District Collector, Sathuvachari, Vellor on 31.8.2015 stating that the land in S.No.335/1 has to be measured and survey stones have to be fixed for demarcating the boundaries and they have paid necessary charges for measurement of their land to the 3^rd respondent. The 2^nd respondent, through his letter dated 15.9.2015, directed the 3^rd respondent to take action on the representation dated 31.8.2015 and also send the action taken report to him. Since there was no response, the petitioner sought information from the 1^st respondent through his letter dated 5.2.2016 under RTI Act , for which, the 1^st respondent sent a reply on 4.3.2016 stating that the tar road would be

¶19

https://hcservices.ecourts.gov.in/hcservices/

¶20

laid only in Survey No.63/3, where the office for the 1^st respondent is sought to be constructed and for the public use, temporary mud road has been laid and after the construction of the new office premises, permanent road would be laid. Since the 1^st respondent has not furnished proper particulars, the petitioner again made a representation on 9.4.2016 and sought for proper particulars, but so far, no action has been taken. Hence the petitioner has filed the present writ petition.

¶21

I have heard the submissions made by the learned counsel for petitioner and the learned Government Advocate appearing for the respondents.

¶22

Considering the submissions made by the learned counsel for petitioner, this Court directs the petitioner to give a fresh representation to the 2nd respondent viz., the District Collector, Sathuvachari, Vellore, requesting for measurement of petitioner's land in S.No.335/1, Kudiyanakuppam Village, Nattrampalli Taluk, Vellore District and demarcate the same in accordance with the revenue records by laying survey stones along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and on such representation, the 2^nd respondent is directed to consider the same by conducting enquiry after affording an opportunity of personal hearing to the petitioner as well as to the necessary parties, if any, and pass appropriate orders on merits and in accordance with law within a period of six weeks thereafter.

¶23

With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. msr Sd/Asst.Registrar

/true copy/

Sub Asst. Registrar

The Commissioner, Jolarpettai Municipality Grade III, Jolarpettai, Vellore District.

¶28

The District Collector, District Collector's Office, Sathuvachari, Vellore.

¶29

https://hcservices.ecourts.gov.in/hcservices/

¶30

The Taluk Surveyor, Taluk Office, Nattrampalli, Vellore District.

¶31

- 1 cc to Mr.R.Subramanian, Advocate Sr 26678

¶32

KR/8/6/16

¶33

W.P.No.15341 of 2016 and WMP.No.13375 of 2016

¶34

https://hcservices.ecourts.gov.in/hcservices/

J.Myvanna Kumar, v. The Commissioner

Case brief

What is this about?

What did the court decide?

J.Myvanna Kumar, v. The Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

R.Murugesan, Vs The Inspector of Police

V.P.Mohan Kumar, Vs The Tahsildar

Dr.Keerthika.S. Vs Government of Tamil nadu

S.Thambi, Vs Corporation of Chennai

Mrs.S.Gomathy Vs The Chief Controlling Revenue

M/s.Alliance Projects Vs The Revenue Divisional Officer