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Madras High CourtWP/13511/2024allowed

A.Jeyapandian, v. The Collector Of Greater Chennai Manager,

2024-11-11Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA A.Jeyapandian ... Petitioner Vs.

1. The Collector of Greater Chennai Manager, Singaravelar Maligai, 4th Floor, Chennai - 600 001.

2. The District Revenue Officer, Thirumangalam, Anna Nagar, Chennai.

3. The Tahsildar, Mambalam-Guindy, Chennai.

4. A.Amirtharaj (R4 impleaded as per the order dated 26.06.2024 made in W.M.P.No.17229 of 2024 in W.P.No.13511 of 2024) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the Respondents to take appropriate action on the Petitioner's representation dated 22.03.2023 to make correction in the revenue records in respect of S.No.17, Andiyappan Naicken Street, Page No. 1 of 6

Govindhan Road, West Mambalam, Chennai - 600 033. For Petitioner : Mr.R.Vijayaraghaven For Respondents :

For R1 to R3 : Mr.P.Sathish Additional Government Pleaders For R4 : Mr.S.Packiaraj

ORDER

This Writ Petition has been filed for a Mandamus to direct the Respondents to take appropriate action on the Petitioners representation dated 22.03.2023 to make correction in the revenue records in respect of S.No.17, Andiyappan Naicken Street, Govindhan Road, West Mambalam, Chennai - 600 033.

2. The case of the Petitioner is that the Petitioner and his brother namely A.Veerapandian are in possession and enjoyment of the land comprised in S.No.201, T.S.No.15, 16/1, Block No.64 measuring to an extent of 5149 sq.ft. The adjacent land owner namely A.Amirtharaj was in possession and enjoyment of the land comprised in S.No.201, T.S.No.17, measuring to an extent of 5543 sq.ft. The said A.Amirtharaj has sold 400 sq.ft. of his land and the remaining extent of his lands were acquired by the Page No. 2 of 6

Government of Tamil Nadu for widening the Govindhan Road through Greater Chennai Corporation. The said A.Amirtharaj attempted to trespass into the Petitioner's land and tried to grab the Petitioner property which led to a wordy quarrel between the Petitioner and the said A.Amirtharaj. The Petitioner has filed C.S.No.323 of 2001 in respect of S.No.201, T.S.No.15, 16/1 against the said A.Amirtharaj and the same was pending. On the other hand, the said A.Amirtharaj has filed O.S.No.12804 of 2010 and had obtained a decree, however, the Petitioner preferred an appeal in A.S.No.445 of 2021 and the same is pending before this Court. On 23.03.2022, the Petitioner has made a representation to the Revenue Divisional Officer, Chennai to record the property in S.No.

17 as a Government Poramboke Land in view of the acquisition by the Corporation for widening of Govindhan Road. The said Revenue Divisional Officer referred the same to the Tahsildar, Mambalam-Guindy Taluk to enquire and submit report to the RDO. However, till date no action has been taken. Thereafter, the Tahsildar Mambalam-Guindy vide order dated 16.11.2021 submitted a report to the Collector Chennai, stating that the property in S.No.16/2, 17 part, 18/2 part were acquired for the purpose of road.

3. Considering the limited request and taking into account the fact that Page No. 3 of 6

there has been no further progress on the Petitioner's representation dated 22.03.2023, this Court directs the Respondent to consider the representation of the Petitioner dated 22.03.2023 to make a correction in the revenue records in respect of S.No.17, Andiyappan Naicken Street, Govindhan Road, West Mambalam, Chennai - 600 033 and pass appropriate Orders on merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this Order. No costs.

11.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm To Page No. 4 of 6

1. The Collector of Greater Chennai Manager, Singaravelar Maligai, 4th Floor, Chennai - 600 001.

2. The District Revenue Officer, Thirumangalam, Anna Nagar, Chennai.

3. The Tahsildar, Mambalam-Guindy, Chennai.

P.T.ASHA, J.

rgm Page No. 5 of 6

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