Madras High CourtWP/1130/2018disposed of

M. Dhanaraj v. The District Collector

2018-09-10Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.1130 of 2018 and WMP Nos.1406 and 1407 of 2018 M.Dhanaraj ...

Petitioner Vs 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Thiruvallur Taluk, Thiruvallur.

3.S.G.Perumal Mudaliar ...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Na.Ka.No.7198/2017/AA3 dated 10.01.2018 passed by the second respondent and quash the same and consequently forbearing the respondents, officials, men, agents, subordinates or any one acting under them in any manner interfering with the peaceful possession and enjoyment of the property in S.No.592/17 (Old S.No.288/6) measuring 5684 sq.ft situated at No.46 Bajanai Koil Street, Ondikuppam Village, Manavalanagar Post, Thiruvallur Taluk, Thiruvallur District.

For Petitioners : Mr.M.Rajendiran For R1 & R2 : Mr.J.Ramesh, AGP For R3 : Mr.R.Sasikumar

ORDER

This writ petition has been filed to quash the proceedings in Na.Ka.No.7198/2017/AA3 dated 10.01.2018 issued by the second respondent and consequently forbear the respondents from in any manner interfering with the petitioner's peaceful possession and enjoyment of the property in S.No.592/17 (Old S.No.288/6) measuring to an extent of 5684 sq.ft situated at No.46 Bajanai Koil Street, Ondikuppam Village, Manavalanagar Post, Thiruvallur Taluk, Thiruvallur District.

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2.After arguing for some time, the learned counsel for the petitioner fairly submitted that the second respondent issued the impugned proceedings in such a way, thereby creating an apprehension in the mind of the petitioner that his property is going to be surveyed for the purpose of granting patta to the third respondent, who is the adjacent land owner. 3.On the other hand, the learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions, submitted that in view of the objection raised by the petitioner, the second respondent has not proceeded to survey the property in question. In support of submission, he has also produced a copy of the communication in Na.Ka.No.7198/2017/A3 dated 08.09.2018 sent to him by the second respondent. The same has been agreed by the learned counsel for the third respondent. 4.

This Court is of the opinion that no further order is required to be passed in this writ petition, as the petitioner has no grievances as of now. Hence, recording the aforesaid submission, this writ petition stands closed. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rk To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Thiruvallur Taluk, Thiruvallur.

+1cc to Mr.N.Rajendiran, Advocate, S.R.No. 62758 +1cc to the Government Pleader, S.R.No. 62956 W.P.No.1130 of 2018 GN(22/10/2018) https://hcservices.ecourts.gov.in/hcservices/