VALLIAMMAL Vs. OFFICIAL ASSIGNEE

JUDGEMENT

(1.) THE prayer in the writ petition is for a direction to the first respondent to furnish a copy of the Master Plan or Survey Plan of the area assigned and sold by him to the petitioner bearing Plot No.15, door No.13/8 at Valluvar Nedumpathai, Rani Anna Nagar, Arumbakkam, Chenai 106, with a direction to the second respondent to measure with specified boundaries as per the exact measurement allocated in the Deed of Rectification dated 11.11.1991 to grant patta in favour of the petitioner.

(2.) SUCH a prayer is not maintainable under Article 226 of the Constitution of India. Admittedly, the petitioner has purchased the property from the Official Assignee. The mistake found therein has also been rectified by subsequent Rectification Deed, as stated in the writ petition itself. Once the property has been conveyed and given possession of, and in the said property, if, the petitioner has got doubt as to the extent of the property, it is for him to make an application to the revenue authorities concerned to get the property measured exactly, as per the Schedule, with the help of Surveyor. Instead of doing that, the petitioner has approached this Court under Article 226 of the Constitution of India. This is nothing but an abuse of Article 226 of the Constitution of India. The petition is devoid of merits. In the circumstances, the writ petition is dismissed. No costs. Consequently, WMP Nos.24079/97, 11974 & 21846/98 are dismissed.