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Madras High CourtWP/29781/2013disposed of

M/S.Jain Housing v. The Commissioner Of Survey

2021-10-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P. No.29781 of 2013 and M.P. No.1 of 2013 M/s.Jain Housing, rep. by its authorized signatory, R.Vasudevan ... Petitioner Vs 1.The Commissioner of Survey and Settlement, Chepauk, Chennai - 600 005 2.The Assistant Director, Land Survey and Records Department, Kanchipuram 3.Ramachandra Reddy ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the second and third respondents from taking any coercive action against the property of the petitioner in survey No.118-1D1, Manapakkam Village, Sriperumbuthur Taluk, Kancheepuram District before the adjudication of the appeal preferred by the petitioner before the first respondent against the order of the second respondent in Na.Ka.No.E224444-2012 dated 07.06.2013.

For Petitioner : Mr.T.Gowthaman For Respondents For R1 & 2: Mr.M.R.Gokul Krishnan, Government Advocate For R3 : Mr.R.Krishnaswamy

ORDER

The writ petition has been filed to issue a writ of mandamus forbearing the second and third respondents from taking any coercive action against the property of the petitioner in survey https://hcservices.ecourts.gov.in/hcservices/

No.118-1D1, Manapakkam Village, Sriperumbuthur Taluk, Kancheepuram District before the adjudication of the appeal preferred by the petitioner before the first respondent against the order of the second respondent in Na.Ka.No.E224444-2012 dated 07.06.2013.

2. It is seen that the appeal filed by the petitioner is pending on the file of the first respondent against the order passed by the second respondent dated 07.06.2013. Now the prayer is restricted for disposal of the appeal pending on the file of the first respondent.

3. Considering the limited request made by the learned counsel for the petitioner, without expressing any opinion in respect of merits of the case, the first respondent is directed to dispose of the appeal filed by the petitioner after giving notice to the third respondent and after giving opportunity of hearing, within a period of twelve weeks from the date of receipt of copy of this order, if not already disposed of.

4. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar lok To 1.The Commissioner of Survey and Settlement, Chepauk, Chennai - 600 005 2.The Assistant Director, Land Survey and Records Department, Kanchipuram +1cc to Special Government Pleader, S.R.No.52748 W.P. No.29781 of 2013 RP(CO) CB(01/11/2021) https://hcservices.ecourts.gov.in/hcservices/