H.Baskar v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.15952/2021 [Video Conferencing] H.Baskar ..Petitioner

Versus

1. The Commissioner Office of the Directorate of Survey and Settlement, Chepauk Chennai 600 005.

2. The Special Tahsildar Madhavaram Taluk Chennai

3. S.Gunasekaran ..Respondents Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the first and second respondents from interfering into petitioner construction activities to be carried out in petitioner patta land measuring 395 sq.ft., covered under Manaivari Thoraya Patta SR.No.3654/2016.

For Petitioner :

Mr.R.Sreedhar For R1 & R2 :

Mr.Yogesh Kannadasan Government Advocate

ORDER

(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of respondents 1 and 2.

(2) The petitioner herein has a grievance, viz., that though he has purchased the property, he is not able to put any up construction and there appears to be further complaints https://hcservices.ecourts.gov.in/hcservices/

against the petitioner herein by the 3rd respondent/S.Gunasekaran.

In this connection, the petitioner had given a representation on 01.07.2021 to respondents 1 and 2.

(3) It would only be appropriate that respondents 1 and 2 take a decision on the said representation. While taking such a decision, it would also be appropriate that they issue notice to the 3rd respondent/S.Gunasekaran, hear both the writ petitioner and also the 3rd respondent and pass an order on merits.

(4) In view of the limited scope of the writ petition, without going further into the facts, the writ petition is disposed of directing respondents 1 and 2 to consider the representation of the petitioner dated 01.07.2021 and pass an order, after hearing the 3rd respondent, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar AP To

1. The Commissioner Office of the Directorate of Survey and Settlement, Chepauk Chennai 600 005.

2. The Special Tahsildar Madhavaram Taluk Chennai.

+1cc to M/s.R.Sreedhar, Advocate, S.R.No.37275 +1cc to the Government Pleader, High Court, Madras, S.R.No.37699 WP.No.15952/2021 VG-II(CO) SU(24/08/2021) https://hcservices.ecourts.gov.in/hcservices/