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Madras High CourtWP/428/2018dismissed

Jacob Mathew, v. The District Collector

2023-01-30Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.428 to 433 of 2018 Jacob Mathew .. Petitioner in WP:428/2018 M.S.Chandrabose, Director Tech Auto Finishes (P) Ltd 3/69, Mugappair East Chennai - 600 050.

.. Petitioner in WP:429/2018 G.Raguraman .. Petitioner in WP:430/2018

1. Elangovan

2. Vijayalakshmi, W/o.Kalyanasundaram rep. by their Power of Attorney, Annapurna Golden George Nagar, Nerkundram Chennai - 600 107.

.. Petitioners in WP:431/2018 Susila Jayasingh .. Petitioner in WP:432/2018 Jegadeeswari .. Petitioner in WP:433/2018

Vs 1 The District Collector Thiruvallur District, Thiruvallur.

2 The Thasildhar Ambattur Taluk, Thiruvallur District.

3 The Commissioner Chennai Corporation Rippon Buildings, Chennai.

4 The Zonal Officer VII Zone, Chennai Corporation Ambattur, Chennai.

5 The Executive Engineer Public Works Department Ambattur, Chennai.

.. Respondents in all WPs.

Prayer in W.P.No.428 of 2018: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from putting up the wall, fencing or compound in the property bearing Plot No.575 in Survey No.429/2A1C measuring 2400 Sq.ft in Patta No.761 situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on the petitioner's representation dated 22.12.2017 and consequently direct respondents 1 and 2 to restore the revenue records as patta land which was wrongly mentioned as Poramboke in Town Survey Register. Prayer in W.P.No.429 of 2018: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from putting up the wall, fencing or compound in the property comprising in Survey No.429/2B2, measuring 2400 Sq.ft in Patta No.1359 situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on the petitioner's representation dated 22.12.2017 and consequently direct respondents

1 and 2 to restore the revenue records as patta land which was wrongly mentioned as Poramboke in Town Survey Register. Prayer in W.P.No.430 of 2018: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from putting up the wall, fencing or compound in the property comprising in Survey No.429/1 measuring 5.5 cents situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on the petitioner's representation dated 22.12.2017 and consequently direct respondents 1 and 2 to restore the revenue records as patta land which was wrongly mentioned as Poramboke in Town Survey Register.

Prayer in W.P.No.431 of 2018: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from putting up the wall, fencing or compound in the property comprising in survey No.429/2 measuring 2400 sq.ft situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on the petitioner's representation dated 22.12.2017 and consequently direct respondents 1 and 2 to restore the revenue records as patta land which was wrongly mentioned as Poramboke in Town Survey Register.

Prayer in W.P.No.432 of 2018: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from putting up the wall, fencing or compound in the property comprising in survey No.429/2A8, measuring 5.5 cents in patta No.1107 Situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on the petitioner's representation dated 22.12.2017 and consequently direct respondents 1 and 2 to restore the revenue records as patta land which was wrongly mentioned as Poramboke in Town Survey Register. Prayer in W.P.No.433 of 2018: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from putting up the wall, fencing or compound in the property comprising in survey No.429/2A8 measuring 5.5 cents in patta No.919 Situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on the petitioner's

representation dated 22.12.2017 and consequently direct respondents 1 and 2 to restore the revenue records as patta land which was wrongly mentioned as Poramboke in Town Survey Register. For the Petitioners in all WPs.

: No appearance For the Respondents in all WPs.

: Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader for respondents 1 and 2 : Mr.A.Arun Babu Standing Counsel for respondents 3 and 4 : Mr.P.Muthukumar State Government Pleader for 5th respondent COMMON ORDER (Order of the court was made by the Hon'ble Acting Chief Justice) These writ petitions have been filed seeking issuance of a writ of mandamus to forbear the respondents from putting up the wall, fencing or compound in the property belonging to them situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on

their representation dated 22.12.2017 and to consequently direct respondents 1 and 2 to restore the character of the land in the revenue records as patta land, which was wrongly mentioned as poramboke land in Town Survey Register.

2. When the matter was taken up for hearing, there was no representation on behalf of the petitioners. These writ petitions pertain to the year 2018. The non-appearance of learned counsel for the petitioners shows that the petitioners are not interested in prosecuting the matter. Hence, these writ petitions are dismissed for default. There will be no order as to costs. Consequently, W.M.P.Nos.482, 483, 484, 486, 487, 753, 14421, 14422, 14423, 14424, 14425 and 14426 of 2018 are closed. W.M.P.No.752 of 2018 is ordered inasmuch as the petitioners in W.P.No.431 of 2018 have paid separate court fees.

(T.R., ACJ.) (D.B.C., J.) 30.01.2023 Index :

No No sasi

To:

1 The District Collector Thiruvallur District, Thiruvallur.

2 The Thasildhar Ambattur Taluk, Thiruvallur District.

3 The Commissioner Chennai Corporation Rippon Buildings, Chennai.

4 The Zonal Officer VII Zone, Chennai Corporation Ambattur, Chennai.

5 The Executive Engineer Public Works Department Ambattur, Chennai.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) W.P.Nos.428 to 433 of 2018 30.01.2023