Madras High CourtWP/14791/2022disposed of

R.Murugalakshmi v. The District Collector

2022-06-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022 CORAM :

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.14791 OF 2022 R.Murugalakshmi

...Petitioner

Vs.

1.The District Collector, 2.The Tahsildar, 3.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

4.The Zonal Officer, Greater Chennai Corporation, Zone-3 Madhavaram, Chennai - 600 060.

5.The Sub-Collector, North Regional Office, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai - 600 021.

6.The Inspector of Police, Law & Order M-2, Madhavaram Milk Colony, Chennai City.

7.The Head Surveyor, 8.K.Sampath 9.Chandran

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent herein to survey, measure and demarcate the petitioner's residential land bearing plot No.6, situated in Survey Nos.103/2B2 part and 104/1B part, Madhavaram Village, Madhavaram Taluk, Chennai District bearing Patta in Town Survey No.29/8 issued by the second respondent herein in his proceeding TR.No/2021/0168/02/000494-2021-12-13 dated 13/12/2021. For Petitioner :

Mr.G.Bala and Daisy For R1, 2, 4 to 7 :

Mr.R.P.Murugan Raja Government Advocate For R3 :

Mr.R.Gopinath

ORDER

This Writ Petition has been filed seeking for issuance of a writ of Mandamus to direct the second respondent herein to survey, measure and demarcate the petitioner's residential land bearing plot No.6, situated in Survey Nos.103/2B2 part and 104/1B part, Madhavaram Village, Madhavaram Taluk, Chennai.

2. The case of the petitioner is that she is the owner of the aforesaid property ad-measuring an extent of 68 sq. mtr, having purchased the same through registered sale deed, dated 29.03.2012, vide Document No.1886/2012, on the file of SubRegistrar, Madhavaram. Further, the revenue records were mutated in favour of the petitioner. However, the 8th respondent in support of the 9th respondent encroached the petitioner's property to an extent of 22 feet as frontage pathway and constructed a shed with cement sheet roof in her property. The grievance of the petitioner is that she is unable to go inside her property itself. Therefore, the petitioner made a representation dated 27.05.2022 before the respondents, seeking to survey, measure and demarcate the petitioner's land and remove the encroachment with respect to the aforesaid property. As the said representation made by the petitioner has evoked no response from the respondents, the petitioner has filed the present Writ Petition.

3. Since no adverse order is being passed against the private respondents, notice to the private respondents is dispensed with.

4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice, if this Court, issues direction to the 2nd respondent to consider the petitioner's representation dated

27.05.2022 and pass orders on merits within a particular time frame that maybe fixed by this Court.

5. The learned Government Advocate appearing for the respondents has no objection for the said order being passed.

6. Taking into consideration the factual aspects of the matter, this Court, without going into the merits of the case, directs the petitioner to send a copy of the representation dated 27.05.2022 to the second respondent along with the copy of this order and after the receipt of the same, the second respondent/Tahsildar shall consider the said representation on merits and pass appropriate orders in accordance with law, after affording an opportunity of hearing to the petitioner as well as private respondents, within a period of twelve weeks thereafter.

7. With the above observations and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar jd To 1.The District Collector, 2.The Tahsildar, 3.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

4.The Zonal Officer, Greater Chennai Corporation, Zone-3 Madhavaram, Chennai - 600 060.

5.The Sub-Collector, North Regional Office, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai - 600 021.

6.The Inspector of Police, Law & Order M-2, Madhavaram Milk Colony, Chennai City.

7.The Head Surveyor, +1cc to M/s.G.Bala & Daisy, Advocate Sr.No.35595 +1cc to M/s.R.Gopinath, Advocate Sr.No.35388 +1cc to the Government Pleader Sr.No.36460 W.P.No.14791 of 2022 RGN(CO) RVM(04/07/2022)