K.Malliga v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.27200 of 2017 and W.M.P.No.29070 of 2017 K.Malliga .. Petitioner Vs.

1.The Collector, Kancheepuram District.

2.The Special Tahsildar, Urban Land Tax Project, Krishna Nagar,West Tambaram, Chennai-600 045.

3. Tmt.Kalavathy 4.Thiru.Selvam .. Respondents Prayer: Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records connected with the Memo issued in Memo.No.856/2017 dated 13.10.2017 passed by the 2nd Respondent and quash the same and consequently direct the 2nd Respondent first to conduct the proper Enquiry after verifying the documents from all the persons and later the 2nd Respondent may go for measure the petitioner's land of 0.26 cents in Survey.No.154 and 154/1, in T.S.No.5/4 Ward F Block No.17 situated in lrumbuliyur Village,Tambaram Taluk,Kancheepuram District and to issue patta. For Petitioner : Mr.S.Ilamvaludhi For Respondents : Mr.P.Balamurugam for R1 to R2 Additional Government Pleader

O R D E R

This writ petition is filed challenging the notice dated 13.10.2017 calling upon the petitioner to appear on 26.10.2017 for enquiry and for measuring the land.

2. The grievance of the petitioner before this Court is that without even verifying the documents, the 2nd respondent will conduct the measurement.

3. I do not think that the petitioner's apprehension is appreciable, especially, when the impugned proceedings called upon the petitioner to appear for an enquiry on 26.10.2017 with relevant documents. Therefore, the 2nd respondent will certainly look into the documents filed by the parties and take a decision as to whether the measurement of the land has to be done or not, based on the documents submitted by the respective parties. Therefore, it is evident that the present writ petition is filed with baseless apprehension and consequently, I do not find any ground to entertain this writ petition, at this stage. Accordingly, this writ petition is disposed of by directing the petitioner to appear before the 2nd respondent on 26.10.2017 with relevant documents as called for in the impugned proceedings. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Vsi To 1.The Collector, Kancheepuram District.

2.The Special Tahsildar, Urban Land Tax Project, Krishna Nagar,West Tambaram, Chennai-600 045.

+1 cc to M/s.Ilamvaludhi Advocate sr 74700 W.P.No.27200 of 2017 aa24/10/2017