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Madras High CourtWP/10746/2022disposed of

K.Vijayan v. The District Collector

2022-04-26Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10746 OF 2022 K.Vijayan ... Petitioner .Vs.

1. The District Collector, Thiruvallur District.

2. The Assistant Commissioner of Police, Ambattur, Thiruvallur District.

3. The Inspector of Police, T1, Ambattur Police Station, Chennai - 600 053.

4. The Tahsildar, Madhavaram Taluk Office, Chennai - 600 054.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents i.e., The Tahsildar, Madhavaram Taluk, Thiruvallur District to survey the land in Survey No.115/2A1 an extent of 4 Acres in village No.54, Surapattu Village, Madhavaram Taluk for the purpose of laying the boundary stone and fencing the land based on the representation dated 19.04.2022 and direct the Inspector of Police, T1, Ambattur Police Station, Chennai - 600 053 to give police protection to the petitioner at the time of Surveying the land.

For Petitioner :

Mr.K.Balakrishnan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the respondents i.e., The Tahsildar, Madhavaram Taluk, Thiruvallur District to survey the land in Survey No.115/2A1 an

extent of 4 Acres in village No.54, Surapattu Village, Madhavaram Taluk for the purpose of laying the boundary stone and fencing the land based on the representation dated 19.04.2022 and direct the Inspector of Police, T1, Ambattur Police Station, Chennai - 600 053 to give police protection to the petitioner at the time of Surveying the land.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner claims that he is the owner of the property comprised in S.No.115/2A1, measuring an extent of 4 acres, situated at No.54, Surpattu Village, Chennai Municipal Corporation, Madhavaram Taluk. Hence, the petitioner made a representation dated 19.04.2022 before the respondents to survey the property. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 19.04.2022 within the time frame that may be fixed by this Court.

5. The learned Special Government Pleader appearing for the respondents submits that the land in S.No.115/2A1 is classified as Government Poramboke land. However, the petitioner's representation dated 19.04.2022 will be considered and pass appropriate orders by the respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 19.04.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

tri To 1.

The District Collector, Thiruvallur District.

2.

The Assistant Commissioner of Police, Ambattur, Thiruvallur District.

3.

The Inspector of Police, T1, Ambattur Police Station, Chennai - 600 053.

4.

The Tahsildar, Madhavaram Taluk Office, Chennai - 600 054.

+1cc to Mr.K.Balakrishnan, Advocate, S.R.No.28855 +1cc to the Government Pleader, S.R.No.29700 W.P.NO.10746 OF 2022 SS(CO) PBS/12/05/2022