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Madras High CourtWP/7522/2017disposed of

Mrs.N.Mariammal v. The Tahsildar

2017-03-28Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2017

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.No.7522 of 2017 and WMP.No.8208 of 2017 Mrs.N.Mariammal ...

Petitioner

Versus

1.The Tahsildar Poonamallee Taluk, Poonamallee, Chennai.

2.The Inspector of Police, Poonamallee, Chennai.

3.M.Sekar 4.M.Mohan ... Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to survey the land comprised in Old.S.No.27/2, New S.No.273/21 situated at Kaattupakkam Village, Poonamalle Taluk, Registration District of South Chennai, with the help of 2nd respondent police official.

For Petitioner : Ms.S.Shamini For RR1 and 2 : Mr.R.S.Selvam Government Advocate

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner would state that she is the absolute owner of the property comprised in S.No.27/2, New S.No.273/21 situated at Kaatupakkam Village, Poonamallee Taluk, registered under a settlement deed dated 03.02.1992 at the office of Sub-Registrar Office, South Chennai. While so, the third and fourth respondents herein, who are the neighbors of the petitioner https://hcservices.ecourts.gov.in/hcservices/

unnecessarily disturbed the peaceful enjoyment and possession of the property. Hence, the petitioner through her husband sent a representation to the first respondent to survey her land. In response to the same, the land Surveyor visited the property, but could not survey the land due to the interference of the third and fourth respondents. The petitioner had sent another representation dated 21.02.2017, to survey her land. Since no action has been taken by the first and second respondent, the petitioner is before this Court, with this writ petition.

3. Heard Ms.S.Shamini, Learned counsel appearing on behalf of the petitioner and Mr.R.S.Selvam, Learned Government Advocate appearing on behalf of the first and second respondents.

4. Considering the facts and circumstances of this case, this Court directs the first respondent to consider and dispose of the petitioner's representations dated 17.08.2016 and 21.02.2017, after giving notice to the third and fourth respondent and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Tahsildar Poonamallee Taluk, Poonamallee, Chennai.

2.The Inspector of Police, Poonamallee, Chennai.

+1 cc to mr.G.Prakash Kumar,advocate,sr.19076 +1 cc to Govt.Pleader,sr.19506.

rsi(co) krd 17/4 W.P.No.7522 of 2017 and WMP.No.8208 of 2017 https://hcservices.ecourts.gov.in/hcservices/