Mr.K.Anaimalaichamy, M/A-42 v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-08-2015
CORAM:
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24085 of 2015 Mr.K.Anaimalaichamy M/A-42 years S/o.P.N.Kaliappa Gounder No.28/1 Thamaraikulam Street Manali Chennai-600 068.
...Petitioner
Vs 1 The District Collector O/o. The District Collector Tiruvallur District, Tiruvallur.
2 The Tahsildar O/o. The Tahsildar, Madhavaram Taluk Madhavaram, Chennai.
3 Chokkammal W/o.Kesavan, No.86/1 Poondi Gramam Post Walajpet Taluk, Vellore District.
4 Kesavan S/o.Mottiyan, No.86/1 Poondi Gramam Post Walajpet Taluk, Vellore District.
...Respondents
Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 & 2 to consider the petitioners representation dt.20.06.2015 and consequentially direct them to appoint a surveyor to survey petitioner's property
being vacant land admeasuring 2400 sq ft and contained in Grama natham S.No.107/1 and within Thiruvottriyur Sub Registration District North Madras Registration District and in Perumal Koil Street Periya Mathur Village and within the limits of Puzhal Panchayat Union and comprised in Madhavaram Taluk and Tiruvallur District and bounded on the North by property of E Anandan South by property of Nandagopal and East by 20 ft Road and west by property of Maheswari and measuring East to west on the Northern Side by 48 ft East to west on the Southern Side by 56 ft and North to South on the one side by 52 ft 1 inch and North to South on the other side by 40 ft and pass orders.
For petitioner :
Dr. G.Krishnamoorthy for M/s. A. Thirumaran For respondent :
Mr. RAS. Senthilvel, AGP.
ORDER
By consent, the main writ petition is taken up for final hearing. 2.
The petitioner claims that he and is wife are the owners of the vacant land admeasuring 2400 sq.ft contained in Grama Natham S.No.107/1 and within Thiruvottriyur Sub Registration District, North Madras Registration District and in Perumal Koil Street, Periya Mathur Village and within the limits of Puzhal Panchayat Union, through registered sale deed document No.553/2011 dated 28-01-2011 registered on the file of the office of the Sub-Registrar, Tiruvottriyur. The petitioner claims that ever since the date of purchase, he and his wife were in exclusive possession and enjoyment of the property and have been in peaceful possession and enjoyment of the property and claim that unknown persons have come up to the property with materials to put up thatched shed. In this regard the petitioner gave a police complaint which was received in CSR No.
212 of 2015 dated 14-05-2015. The petitioner would submit that in spite of the lodging of the complaint attempts are repeatedly made to trespass the land of the petitioner and his wife and due to the inaction of the statutory authorities, the respondent Nos. 3 and 4, had trespassed into the property and also managed to get electricity service connection in their name. The petitioner had submitted in his representation to the concerned Electricity Board Officials to take appropriate action and since no action was taken, filed W.P.No.
accordance with law. The petitioner also submitted a representation to respondent Nos.1 and 2 on 20-06-2014 to measure and survey the properties. Since no orders have been passed has come forward with this writ petition.
3.
This Court taking into consideration of the limited scope of the prayer sought for by the petitioner, and without going into the merits of the case, directs the second respondent to consider and dispose of the petitioner's representation dated 20-06-2015 in accordance with law, after putting on notice to the respondent Nos.3 and 4, and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
4.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar glp To 1 The District Collector O/o. The District Collector Tiruvallur District, Tiruvallur.
2 The Tahsildar O/o. The Tahsildar, Madhavaram Taluk Madhavaram, Chennai.
1 CC to the Government Pleader, SR.No. 40948 W.P.No.24085 of 2015 GGK (CO) PSI (14.09.2015)