Petitioner sought a mandamus to survey his patta property after paying survey fees that went unactioned despite representations. The court disposed of the petition by directing the Tahsildar to consider the representation after notice to interested parties and pass orders on merits within twelve weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No. 6274 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No. 6274 of 2024
V.Karunamurthy ... Petitioner
versus
1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Director, Survey and Land Records, Kancheepuram District, Kancheepuram.
3.Tahsildar, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District. ... Respondents
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the
Page Nos.1/6
W.P.No. 6274 of 2024
property in S.No.43/10 measuring 1800 sq.ft bearing Plot No.1-A, Happy
Land Colony, Mevalurkuppam Village, Sriperumbudur Taluk, Kancheepuram District within a time period fixed by this Court.
For Petitioner : Mr.M.V.Seshachari For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
Mr.A.Selvendran, learned Special Government Pleader accepts notice
for the respondents. With the consent of both the parties, this writ petition is
taken up for final disposal at the admission stage itself.
mandamus, directing the respondents to survey the property in S.No.43/10
measuring 1800 sq.ft., bearing Plot No.1-A, Happy Land Colony,
Mevalurkuppam Village, Sriperumbudur Taluk, Kancheepuram District.
subject property and Patta also stands in the name of the petitioner vide Patta
Page Nos.2/6
W.P.No. 6274 of 2024
No.4130. While that being so, he paid requisite fees through E-challan to
survey his property on 21.03.2023. Despite paying requisite fees, the
Surveyor had not measured the property. Hence, the petitioner has given a representation dated 19.04.2023 to the first respondent with a copy marked
to respondents 2 and 3. The petitioner also sent a reminder on 16.10.2023. Subsequently, the second respondent vide letter dated 26.10.2023 directed
the third respondent to consider the representation of the petitioner. Since
there was no response from the third respondent till date, the present writ petition has been filed.
respondents submitted that the petitioner's representation would be
considered on merits and in accordance with law.
the respondents to consider the representation of the petitioner, this Court,
Page Nos.3/6
W.P.No. 6274 of 2024
without expressing any view or opinion with regard to the merits of the case, directs the third respondent to consider the representation of the petitioner
dated 19.04.2023, after issuing notice to the petitioner as well as rival claimants/interested parties/objectors/aggrieved parties/adjacent owners of the four boundaries of the subject land if any, as the case may be, conduct a
enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
there shall be no order as to costs.
11.03.2024
Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms
Page Nos.4/6
W.P.No. 6274 of 2024
To
Page Nos.5/6
W.P.No. 6274 of 2024
P.VELMURUGAN, J.
ms
W.P.No.6274 of 2024
11.03.2024
Page Nos.6/6
1 issue framed by the court
Whether the Tahsildar can be directed to consider the petitioner's representation for survey of his patta land within a time-bound period.
1 provisions across 1 enactments
V.Karunamurthy
The District Collector, Kancheepuram District, Kancheepuram
The Director, Survey and Land Records, Kancheepuram District, Kancheepuram
Tahsildar, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
