Tahsildar And District Collector Held Liable For Failure To Measure Property Despite Receiving Challan Payments Thrice: Vellore District Commission
The District Consumer Disputes Redressal Commission, Vellore (Tamil Nadu) bench of Meenakshi Sundaram (President) and Asghar Khan (Member) held the Tahsildar of Anaicut Taluk village and the District Collector of Sathuvachari District, Vellore, liable for deficiency in services for their failure to measure the property of the Complainant despite the Complainant paying necessary fees on three occasions.
Brief Facts:
The Complainant and his deceased brother were owners of a property. The Complainant, together with the legal heirs of the deceased, maintained continuous possession and enjoyment of this property. Seeking to measure the property, the Complainant approached the Tahsildar multiple times and paid challans for the service on nearly three occasions. Despite these efforts, Tahsildar failed to respond appropriately. The Complainant made numerous personal visits to Tahsildar but received no satisfactory response. Additionally, a legal notice was sent, which was acknowledged by the Tahsildar and District Collector, yet no reply was provided. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Vellore, Tamil Nadu (“District Commission”) against the Tahsildar and the District Collector.
The Tahsildar and the District Collector didn't appear before the District Commission for the proceedings.
Observations by the District Commission:
The District Commission held that the Complainant paid the necessary fees for property measurement, yet the Tahsildar and the District Collector did not perform the required service. The District Commission held that the Tahsildar and the District Collector exhibited a lethargic attitude and a clear dereliction of duty which demonstrated a disregard for the rights of citizens like the Complainant. Therefore, the District Commission held the Tahsildar and the District Collector liable for deficiency in services.
Consequently, the District Commission directed the Tahsildar and the District Collector, jointly or severally, to measure the Complainant's property. Additionally, the District Commission ordered the Tahsildar and the District Collector to pay Rs. 25,000/- as compensation for the deficiency in service and mental agony, along with Rs. 10,000/- towards the cost to the Complainant.
Case Title: K. Sigamani vs The Tahsildar, Taluk Office and Anr.
Case Number: 110/2023
Date of order: 27.02.2024