N.Mohammed Ansari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
1. N.Mohammed Ansari S/o.Nazeerkhan, No.18/3b, Srivari Apartment, Abdul Razack Mainstreet, Saidapet Chennai-600 015 Petitioner(s) Vs
1. The District Collector Chengalpet District, Chengalpet 2.The Thasildar Thirukazhukundram Taluk, Tirukazhukundram, Chengalpet 3.The Block Development Officer(B.D.O) Block Development Office, Thirukazhukundram,
4.The Town Planning Office Thirukazhukudram Town Panchayat, Thirukazhukundram, Chengalpet 5.The Inspector Of Police Thirukzhukundram Police Station, 6.S.Jayalakshmi W/o.Sekar, Perumaleri Village, Thirukazhukundram Taluk, Chengalpet Respondent(s) PRAYER direct the 1 st to 5 th respondents to consider and dispose of the petitioner's representation dated 12.3.2025 within a stipulated period. For Petitioner(s):
Mr. G.Kartheeban For Respondent(s):
Mr. M. Venkateswaran Special Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for the issuance of a Writ of Mandamus to direct respondent Nos.1 to 5 to consider and dispose of the petitioner's representation dated 12.03.2025 within a stipulated time that may be fixed by this Court.
2. The case of the petitioner is that he purchased a land situated at Chelgalpet District, Thirukazhukundram Taluk, No.58, Perumaleri Village, Old S.No.224/3-(Part) as per Patta No.864, New S.No.224/1A1A measuring an extent of 0.25 cents and the same was registered in his favour vide Sale Deed No.1513/2024 dated 19.02.2024 on the file of the Sub Registrar, Thirukazhukundram.
3. It is further case of the petitioner that he applied for patta in respect of the said property on 23.12.2024 and the second respondent, based on the documents, had assigned joint patta, by his proceedings dated 28.01.2025 in Na.Ka.No.203/2025/B2. But, the 6 th respondent herein, without any document, constructed a building in Old S.No.224/3 situated at No.58, Perumaleri Village, Thirukazhukundram Taluk, Chengalpet District. Hence, the petitioner made representation to respondent No.1 to 5 to initiate demolition proceedings against the 6 th respondent, but, the same has not been considered by respondent Nos. 1 to 5. Challenging the same, the present Writ Petition is filed.
4. The learned Special Government Pleader submits that the third respondent is the appropriate authority to dispose of the petitioner's representation and hence, a direction may be issued to the third respondent.
5. Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for respondent Nos. 1 to 5 and perused the materials available on record.
4. Considering the facts and circumstances of the case and the submissions made on either side, we direct the 3 rd respondent / Block Development Officer, Thirukazhukundram, Chengalpet District, to consider the representation of the petitioner dated 12.03.2025 and pass appropriate orders on the same on merits and in accordance with law, after giving opportunity to the petitioner as well as the 6 th respondent and any other interested parties, if any. Such exercise shall be done by the 3 rd respondent within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. Accordingly, the Writ Petition is disposed of. No costs. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 10-06-2025 ASI
To 1.The District Collector Chengalpet District, Chengalpet 2.The Thasildar Thirukazhukundram Taluk, Tirukazhukundram, Chengalpet 3.The Block Development Officer Block Development Office, Thirukazhukundram, Chengalpet 4.The Town Planning Office Thirukazhukudram Town Panchayat, Thirukazhukundram, Chengalpet 5.The Inspector Of Police Thirukzhukundram Police Station, 6.S.Jayalakshmi W/o.Sekar, Perumaleri Village, Thirukazhukundram Taluk, Chengalpet District.
J. NISHA BANU, J.
AND M. JOTHIRAMAN, J.
ASI W.P. No. 16650 of 2025 10-06-2025