← Library
Madras High CourtWP/7303/2021disposed of

P.Bhaskar v. The District Collector

2021-03-22Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2021

CORAM

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 7303 of 2021 P.Bhaskar ..Petitioner Vs

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Hosur Taluk, Krishnagiri District.

3. Shashikala.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to comply the representation dated 27.01.2020 and measure the vacant housing plot comprised in Survey No.716/2A1A2, patta No.8871, plot No.141 & 142 of Zuzuvadi Village, Hosur Taluk.

For Petitioner : Mr. T.N.Murali Moghan For Respondents : Mr. A.B.Rahana Bagam Government Advocate O R D E R This Writ Petition is filed for the issuance of Writ of Mandamus directing the second respondent to comply the representation dated 27.01.2020 and measure the vacant housing plot comprised in Survey No.716/2A1A2, patta No.8871, plot No.141 & 142 of Zuzuvadi Village, Hosur Taluk.

2. It is stated that the petitioner gave a representation to the second respondent for measurement of the vacant housing plot comprised in survey No.716/2A1A2 at Zuzuvadi Village, Hosur Taluk. The petitioner claimed to have purchased an extent of 3000 Sq.ft. in the said survey number. It is stated that though the neighbour of the petitioner, namely the third respondent , https://hcservices.ecourts.gov.in/hcservices/

has purchased an extent of 900 Sq.ft., by a sale deed dated 13.07.2006, has put up a construction illegally encroaching into the property of the petitioner. The petitioner wants to assess the encroachment done by the third respondent. Therefore, the petitioner submitted a representation to the second respondent on 27.01.2020. It is stated by the petitioner that though his property is encroached by the third respondent and the third respondent has put up construction, an inspection by the Revenue Officials to survey the land and demarcate the boundaries as per survey records will be of much assistance to the parties to know their respective rights on the basis of documents. In such circumstances, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in this Writ Petition, this Court is inclined to issue direction to the second respondent to consider the petitioner's representation dated 27.01.2020.

3. Accordingly, the second respondent is directed to consider the petitioner's representation dated 27.01.2020 and dispose of the same on merits and in accordance with law, after conducting an enquiry and affording sufficient opportunity to the petitioner and the third respondent or any other person interested, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bkn To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Hosur Taluk, Krishnagiri District.

+1 cc to Mr.T.N.Murali Moghan, Advocate, S.R.No.18538 +1 cc to the Government Pleader, S.R.No.18597 W.P. No. 7303 of 2021 AD(CO) KKV/03/06/2021 https://hcservices.ecourts.gov.in/hcservices/