Madras High CourtWP/22947/2017disposed of

K.M.Prabakaran v. The Estate Officer

2017-08-28Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.22947 of 2017 K.M.Prabakaran .. Petitioner Vs 1.The Estate Officer Estate Office - II Tamil Nadu Slum Clearance Board Sathyamoorthy Nagar Vysarpadi Chennai - 600 039.

2.Executive Engineer Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai - 5.

3.M.Sakunthala 4.M.Parameswari 5.M.Anandhan 6.A.Suguna 7.M.Pushparaj 8.M.Murali 9.M.Sudhakar 10.Muniammal 11.Manikandan 12.Karthi 13.Ramya ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to take action on the petitioner's representation dated 12.06.2017 within the time frame fixed by this Court.

For Petitioner :

Mr.S.Rajmakesh For Respondents:

Mr.M.Rajasekar, Standing Counsel for R1 & R2 *****

O R D E R

Mr.M.Rajasekar, learned Standing Counsel for Tamil Nadu Slum Clearance Board, takes notice for respondents 1 and 2. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the first respondent to take action on the petitioner's representation dated 12.06.2017.

3. The learned counsel appearing for the petitioner submitted that in spite of the petitioner's representation dated 12.06.2017 for surveying and demarcating the property, the first respondent has not completed the exercise so far. That apart, the learned counsel for the petitioner submitted that the petitioner has paid necessary charges for surveying and demarcating the property.

4. Mr.M.Rajasekar, learned Standing counsel taking notice for respondents 1 and 2 submitted that the first respondent may be directed to consider the petitioner's representation dated 12.06.2017 and survey and demarcate the land in accordance with law, after giving notice to all the interested parties.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition and without expressing any opinion with regard to the merits of the case, I direct the first respondent to consider the petitioner's representation dated 12.06.2017 and conduct survey and demarcation of the property in accordance with law, after giving notice to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With this observation, this Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar vsm

To 1.The Estate Officer Estate Office - II Tamil Nadu Slum Clearance Board Sathyamoorthy Nagar Vysarpadi Chennai - 600 039.

2.Executive Engineer Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai - 5.

+1cc to Mr.M.Rajasekar,Advocate sr.61853 +1cc to Mr.S.Rajamakesh,Advocate sr.61827 W.P.No.22947 of 2017 br(co) ss(8/9/2017)