S.Meganathan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.5089 of 2022 S.Meganathan ... Petitioner Vs.

1. The Tahsildar, Maduravoyal Taluka, Tahsildar Office Phase-I, Nolambur, Chennai 600 037.

2. The Executive Engineer, The Great Chennai Corporation, Zonal Office-XI, Division 34, Mullai Street, Ponni Nagar, Karampakkam, Chennai 600 116.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 06.09.2021 and to dispose the same within a reasonable time and consequently direct the 1st respondent to depute Surveyor/s to measure and identify the petitioner's property comprised in Old Survey No.8 & 30, New Survey No.72/2-7 of Singara Naicker Street, Chettiar Agaram, Thiruverkadu, Chennai 600 077.

For Petitioner : Mr.M.Chidambaram For R1 : Mr.A.Anandan Government Advocate For R2 : M/S.P.T.Ramadevi

O R D E R

This Writ Petition has been filed seeking for issuance of Writ of Mandamus to direct 1st respondent to consider the

petitioner's representation dated 06.09.2021 and to dispose of the same within a reasonable time and consequently direct the 1st respondent to depute Surveyor/s to measure and identify the petitioner's property comprised in Old Survey Nos.8 & 30, New Survey No.72/2-7 of Singara Naicker Street, Chettiar Agaram, Thiruverkadu, Chennai 600 077.

2. The case of the petitioner is that he is the owner of the above said property. On 10.02.2021, some of the employees attached with the 2nd respondent's office came to the petitioner's land and raised compound wall in the aforesaid property and trespassed and put an extent of 730 sq.ft. on the Eastern side of his property. The contention of the petitioner is that, without getting his consent and without demarking the area of Corporation/Porambokku, the 2nd respondent has illegally occupied the petitioner's Patta land. Therefore, the petitioner has made a representation before the 1st respondent dated 06.09.2021. However, till date, no orders have been passed. Hence, the present Writ Petition is filed.

3. The learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to 1st respondent/Tahsildar to consider the petitioner's representation and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned counsel appearing for the respondents has no objection for the said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent/Tahsildar to consider the petitioner's representations dated 06.09.2021 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

jd/skt To

1. The Tahsildar, Maduravoyal Taluka, Tahsildar Office Phase-I, Nolambur, Chennai 600 037.

2. The Executive Engineer, The Great Chennai Corporation, Zonal Office-XI, Division 34, Mullai Street, Ponni Nagar, Karampakkam, Chennai 600 116.

+1cc to the Government Pleader Sr.15863 +1cc to M.Chidambaram, Advocate Sr.14917 +1cc to M/s.P.T.Ramadevi, Advocate Sr.15207 W.P. No.5089 of 2022 nk[co] srg 23/03/2022