P.T. NARAYANA NAIR Vs. TAHSILDAR

JUDGEMENT

(1.) THE petitioner has preferred the instant Writ of Mandamus praying for passing of an order by this Court in directing the Respondents particularly, the 1st Respondent to pass necessary order and direct the Taluk Surveyor attached to his office to survey and demarcate the boundaries of the land, measuring 36 cents comprised in Survey No.236/41G1 pursuant to his application dated 31.01.2012 after giving notice to all persons interested in the surrounding lands and furnish the copy of the report to him.

(2.) ACCORDING to the petitioner, he is permanently living in United States of America. He is a citizen of India. He has a Flat at No.11, 5, Madhava Road, Mahalingapuram, Nungambakkam, Chennai and stayed there, on his visit to India. His late father K.K.Nair, along with his sister P.T.Lakshmi, mother P.T.Janaki and himself purchased number of properties in Survey Nos.236/1B5B, 236/2A and 236/41 (new sub division), in Jalladampet Village, Sholinganallur Taluk, Chengalpattu District through registered sale deed Nos.67 of 69 and 693 to 696 of 1995. The total extent is 10.03 acres. His father died and through a Will, which was later probated and he gifted his portion of lands to his mother. His father expired during the year 1980 and mother passed away on 15.11.2005 in Calicut, where she had shifted from Chennai after the demise of his father. He and his sister live in USA from the year 1972 and his mother was left without any one to assist her in managing the properties. Therefore, we had to depend on and reposed to their trust in one M.K.Kumar and M.K.Vijayashankar, cousins of his mother. Their driver name is Vaidyalingam. He used to go to Calicut on behalf of Kumar and Vijayashankar to collect documents and money to pay taxes from time to time. His mother trusted them and handed over documents pertaining to properties and investments. His mother expired during the year 2005.

(3.) ON coming to know of the fraud committed by the aforesaid persons, the petitioner filed petitions before the Revenue authorities and applied for survey and demarcation of the said property measuring 36 cents belonging to him. He made an application to the 1st Respondent on 31st January 2012 along with necessary fees. The said 36 cents is within the 10.03 acres of land and to his knowledge it is in Survey No.236/41G/1. The persons claiming to be the property owners, having purchased the properties by the fraudulent sale deeds had fenced all the properties together along with the unsold 36 cents. As a matter of fact, he had entered into a sale agreement in respect of that property with one Mr.Harikumar.