M/S.G.R.Chemicals v. The Revenue Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.P. No. 765 of 2022 M/s. G.R.Chemicals Rep. by its partner N.S.R. Kishore No.G-31, Industrial Estate Ambattur, Chennai - 600 058 .. Petitioner

Versus

1. The Revenue Secretary Government of Tamil Nadu Namakkal Kavignar Maaligai Fort St. George Chennai - 600 009

2. The Chairman Tamilnadu Small Industries Development Corporation Limited SIDCO Industrial Estate, Guindy Chennai - 600 032

3. The District Collector Thiruvallur District Thiruvallur

4. The Head Surveyor Master plan Complex NH 205 Office of the District Collector Thiruvallur

5. The Special Tahsildar, Ambattur Taluk Ambattur, Chennai - 600053

6. M.Nanda Govind Proprietor of Montieth Motors No.1, III Main Road, Industrial Estate, Ambattur, Chennai- 58.

.. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 3 to 5 to take action on the petitioner's representation dated 17.12.2021 to measure the petitioner land based on the documents issued by the 2nd respondent (SIDCO) and to expedite the process of measurement on the enjoyment of S.No.400(part) and S.No.401(part) in Ambattur Village on the instructions of the respondents 1 and 2, measuring within a time frame limit in accordance with the law of Tamil Nadu Survey and Boundaries Act, 1923.

For Petitioner :

Mr.V. Lakshminarayanan For Respondents :

Mr. M. Alagu Goutham for R1 and R3 to R5 Government Advocate

ORDER

(Order of the court was made by R. MAHADEVAN, J.) Mr.M.Alagu Goutham, learned Government Advocate, takes notice for the respondents 1, 3 to 5. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2.

The prayer made in this writ petition is to issue a mandamus, directing the respondents 3 to 5 to take action on the petitioner's representation dated 17.12.2021 and to measure their land in S.Nos.400 and 401(part) in Ambattur Village, based on the documents issued by the 2nd respondent (SIDCO), within a time frame in accordance with the Tamil Nadu Survey and Boundaries Act 1923.

3.

According to the petitioner, they are engaged in the business of manufacture and exports of oil well drilling chemicals. Based on their credibility in the foreign exchange, during the year 1992, the second respondent allotted additional lands to an extent of 14,070 sq.ft., in Survey Nos. 400, 401 & 402 in Ambattur Village to the petitioner. Pursuant to the same, the petitioner paid the entire sale consideration. While so, the sixth respondent attempted to encroach a portion of the land allotted in S.Nos.400 and 401 Part of Ambattur Village by erecting compound wall and thereby causing disturbance to the petitioner. In this regard, both civil and criminal proceedings are pending between the parties. Stating so, the petitioner made a representation dated 17.12.2021 to the respondent authorities requesting to measure the subject land in accordance with the

Tamil Nadu Survey and Boundaries Rules, 1923. However, till date, no action was taken on the said representation. Therefore, this writ petition.

4.

Heard both sides and perused the documents enclosed in the typed set of papers.

5.

Considering the limited nature of the relief sought herein, this court directs the respondent authorities to take action on the representation of the petitioner dated 17.12.2021, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, sixth respondent as well as any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order. 6.

With the aforesaid direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar dhk To

1. The Revenue Secretary Government of Tamil Nadu Namakkal Kavignar Maaligai Fort St. George Chennai - 600 009

2. The Chairman Tamilnadu Small Industries Development Corporation Limited SIDCO Industrial Estate, Guindy Chennai - 600 032

3. The District Collector Thiruvallur District Thiruvallur

4. The Head Surveyor Master plan Complex NH 205 Office of the District Collector Thiruvallur

5. The Special Tahsildar, Ambattur Taluk, Ambattur Chennai - 600053 +1cc to Mr.V.Lakshmi Narayanan, Advocate, S.R.No.3834 +1cc to the Government Pleader, S.R.No.4278 W.P. No. 765 of 2022 GPL(CO) SU(11/02/2022)