SUIT AGAINST GOVERNMENT (Problem no-5)

IN THE COURT OF SENIOR CIVIL JUDGE AT TIRUCHIRAPALLI

O.S.No. 223/2017

Mrs. P. Satya Raman ……… Plaintiff

Vs.

Department of Survey and Town Planning

Government of Tamil Nadu ……. Defendants

PLAINT FILED UNDER ORDER VII RULE 1 OF CIVIL PROCEDURE CODE, 1908 FOR
SUIT AGAINST GOVERNMENT

The Plaintiff above named submits as follows:

The Plaintiff Mrs P. Satya Raman, aged 35 years, is a civil engineer, residing near Majestic Road,
Trichy- 620001

The address of the plaintiff for service of all notices and processes is that of his counsel P
Kanmani, Kathrikadavu Road, OPP PAYM PLAZA, Trichy- 620009

1. That a notice on 4th of September, 2017 has been duly given to the department of Survey
and Town Planning, Government of Tamil Nadu as per Section 80 of Code of Civil
Procedure, 1908. The time frame of two months under the Civil Procedure Code, 1908 has
been complied with.
2. The plaintiff states that he owns a land covering an extent of 3 acres, bearing R.S.
No.2000/16, located in Gandusala Village, Joyapur Goblin, Srirangam Taluk, Trichy-
620004. expansion of roads in Banglore on an annual basis for a period of 5 years for
 which the Government would pay the plaintiff at the end of every year. The plaintiff
acquired the same land from his father Mr. Boney Kapoor, by way of gift in the year 2012
and registered with the Sub-Registry at Mysore Village, Mysore, evidenced by Gift Deed
No.2020/12.

3. The plaintiff states that he had plans to convert the same land from agricultural land to non-
agricultural purposes. The plaintiff wanted to build a two storied building on the same land
and wanted to use it for residential purpose. The plaintiff in order to convert the same land
for non-agricultural purposes to the commissioner of the land revenue department.

4. The plaintiff was informed by the commissioner that the survey number was wrongly
entered by the department of survey and town planning. Therefore, it was not possible to
convert the same land to non-agricultural purposes and the commissioner rejected the
application and directed to get the survey number corrected from the department of survey
and town planning.

5. The plaintiff states that he had repeatedly requested the department of survey and town
planning to correct the survey number in the records maintained by them. However, all her
efforts so far have been futile due to irresponsible and careless act by the concerned State
department.

6. The plaintiff states that due to the careless and irresponsible attitude of the Government
department, he has not been able to convert the same land for residential purposes and is
coerced to stay in a rented house at the city.

7. The plaintiff states that for the loss he has suffered in the hands of the State government,
the concerned department is directed to rectify the survey number of the same land and
issue a fresh certificate the land to the plaintiff and further pay an amount of Rs 20,00,00
as compensation for the mental suffering and agony the plaintiff had to undergo.

8. The Plaintiff states that the cause of action for this suit arose at Trichy on 01.04.2013 when
the plaintiff entered into a contract with the Survey and Town Planning Department of the
 State of Tamil Nadu and subsequently when she had sent notice to the concerned
department on 4 -9 -2017 as per Section 80 of Code of Civil Procedure.

9. The Plaintiff states that this Hon’ble Court has jurisdiction to try the suit as the whole
cause of action arose at Trichy and values the suit at Rs. 20,000. The plaintiff requests this
court to waive off the court fees as the plaintiff belongs to schedule caste category and the
same is waived under Section 29 of The Tamil Nadu Court Fees and Suits Valuation Act,
1955.

10. The Plaintiff therefore prays for a Judgment and Decree in faovur of the plaintiff and
against the Defendant
i. To direct the State Government to rectify the survey number of the same land and
issue a fresh certificate the land.
ii. Further pay an amount of Rs.20,00,00 as compensation to the plaintiff.
iii. for Costs of the suit and
iv. for such other reliefs which the Plaintiff is entitled.

(Signature of the advocate) (Signature of the plaintiff)

Affidavit

I, Mrs. P. Sathya Raman, son of Mr. T. Halall, aged 35 years, is a civil engineer, residing near
Majestic Road, Trichy- 620001, do hereby verify and state that what is stated above is true to the
best of my knowledge, information and belief.

Dated this, 13th day of March, 2018

(Signature of the plaintiff)