Madras High CourtWP/1393/2021disposed of

Eri Etti Elumalai Alias Elumalai v. The Principal Chief Conservator Of Forest

2021-01-25Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25/1/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.1393 of 2021 and WMP.No.1570 of 2021 Eri Etti Elumalai @ Elumalai ...

Petitioner Vs

1. The Principal Chief Conservator of Forest Head of the Department Panagal Maaligai No.1 Jeenis Road Saidapet Chennai 600 015.

2. The Chief Conservator of Forest Chennai Circle - Chennai No.259, III Floor DMS Campus, Teynampet Chennai 600 006.

3. The Forest Officer Pallikaranai Wetland Protection Commission O/o. The Chief Conservator of Forest No.259, III Floor DMS Campus, Teynampet Chennai 600 006.

4. The Tahsildar Solinganallur Chennai.

5. The Village Administrative Officer Pallikaranai Village Pallikaranai Chennai 600 100.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to forbear

the respondents from evicting or interfering or disturbing with the peaceful possession and enjoyment of the petitioner's landed property and erecting the compound wall situated in S.No.657/1A (Present Survey No.657/1A1) Pallikaranai Village, Sholinganallur Taluk, Chennai, totally to an extent of 1.25 acre except due process of law For petitioner ...

Mr.R.Surya Prakash For respondents ...

Mr.S.Prabhu Additional Government Pleader for R.R.1 to 3.

Mr.M.Elumalai Additional Government Pleader For R4 and R5 - - - - -

O R D E R

This writ petition is filed to forbear the respondents from evicting or interfering or disturbing with the peaceful possession and enjoyment of the petitioner's landed property and erecting the compound wall situated in S.No.657/1A (Present Survey No.657/1A1) Pallikaranai Village, Sholinganallur Taluk, Chennai, totally to an extent of 1.25 acres.

2. The petitioner cannot make out a case, without ascertaining the boundary by measuring the land through the Surveyor and therefore, this writ petition is dismissed. Liberty is granted to the petitioner to approach the concerned Surveyor, for measuring the land and fix the boundaries and as and when the petitioner makes an application for measuring the land, fourth respondent shall take necessary steps to measure the land, within a period of four weeks, from the date of payment made by the petitioner, for measuring the land and to fix the boundaries. Even after fixing the boundaries, if anybody is trying to encroach the petitioner's property, the petitioner can very well approach the competent authority, in the manner known to law. No costs. Consequently, the connected Miscellaneous Petition No.1570 of 2021 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mvs.