BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21/10/2009
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
W.P.(MD) No.5232 of 2009
and
M.P.(MD) No.1 of 2009
V.Kuppusamy ... Petitioner
Vs
1.The Commissioner of
Land Administration Record,
Chepauk, Chennai.
2.The Assistant Director,
Department of Land Survey Records,
Tuticorin.
3.The Tahsildar,
Kovilpatti,
Tuticorin.
4.Inspector of Surveyor,
Kovilpatti,
Tuticorin District. ... Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Mandamus, directing the 3rd and 4th respondent to survey
the petitioner property situated in Survey NO.140/8A in Aalampatti Village,
Inammaniyatchi Panchayat, Kovilpatti Taluk, Tuticorin District on the basis of
direction issued by the 2nd respondent in his proceedings Na.Ka.No.M1/554/09
dated 01.04.2009 within the period that may be stipulated by the Hon'ble Court.
!For Petitioner ... Mr.M.Ajmal Khan
^For Respondents ... Mr.K.Balasubramanian
Additional Government Pleader
:ORDER
This writ petition has been filed, praying for a writ of Mandamus, to
direct the third and fourth respondents, to survey the property belonging to the
petitioner ad-measuring to an extent of 16.166 cents situated in
S.No.140/8A in Aalampatti Village, Inammaniyatchi Panchayat, Kovilpatti Taluk,
Tuticorin District, on the basis of the direction issued by the second
respondent in his proceedings, Na.Ka.No.AA1/554/09, dated 01.04.2009, within a
specified period.
2. It has been stated by the petitioner, that in spite of several
representations, the third and fourth respondents had not surveyed the land
belonging to the petitioner, as requested by him, even though the second
respondent by his proceedings, dated 01.04.2009, had directed the third
respondent to survey the land belonging to the petitioner and to file a report
thereon.
3. In the counter affidavit filed on behalf of the third respondent, it has been
stated, that the petitioner had given a representation, dated 21.01.2009, to the
Tahsildar, Kovilpatti, and to the other authorities concerned, to survey the
property in question. Based on the representation made by the petitioner, the
Assistant Director, Department of Land Survey Records, Tuticorin, had sent a
communication to the Tahsildar, Kovilpatti, vide Na.Ka.No.AA1/554/09, dated
01.04.2009, to get a statement from the writ petitioner and to identify the land
in question and to survey the said land, as per the rules and based on the
available records and to send a report to the authorities concerned.
4. Pursuant to the said communication, dated 01.04.2009, the Head Surveyor,
along with certain other officials, had inspected the land on 24.04.2009, in the
presence of the writ petitioner and the other interested parties. However,
there were no ridges showing the enjoyment of the land by the writ petitioner
and the land could not be identified, either by the survey team or by the
petitioner. The entire stretch of the land measuring 48.05 cents remains as a
joint patta land. In such circumstances, the Head Surveyor had summoned the
writ petitioner and other interested parties to appear before him on 15.06.2009
at the office of the Tahsildar, Kovilpatti, along with the connected documents.
The petitioner had appeared in person on 15.06.2009 and had given a statement,
that he could not produce any document to substantiate his claims. Further,
there was no evidence to prove that he is in enjoyment of the property in
question. In such circumstances, the request of the petitioner could not be
complied with.
5. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that the petitioner would
submit the necessary documents, as required by the Head Surveyor, Kovilpatti,
and that he would also identify the property for which the survey is to be done.
6. Based on the submissions made by the learned counsel for the petitioner, the
third respondent is to direct the concerned authorities to carry out the process
of identifying and surveying the land, as requested by the petitioner, after
issuing notice to the other persons concerned, including the joint patta holders
of the property concerned. The process of identifying and surveying the land is
to be completed, within a period of eight weeks from the date of receipt of the
necessary documents form the petitioner.
7. With the above directions, the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is also closed.
cs
To
1.The Commissioner of
Land Administration Record,
Chepauk, Chennai.
2.The Assistant Director,
Department of Land Survey Records,
Tuticorin.
3.The Tahsildar,
Kovilpatti,
Tuticorin.
4.Inspector of Surveyor,
Kovilpatti,
Tuticorin District.