Hahamed Ali v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2015 Coram:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No. 3051 of 2015 1.Hahamed Ali 2.Jailany 3.Shakilabanu .. Petitioners Vs

1. The State of Tamilnadu rep. By Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The Tahsildar, Gummudipoondi Taluk, Thiruvallur District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider their representations dated 08.08.2013 for with police aid to measure the boundaries and fix the measurement stone on the edges of boundaries of an total extent of 5.5 Ares of land in respect of survey no.155/8, survey no.155/10, survey no.155/7 and survey no.155/9 situated at no.60, Thurapallam Village, Gummudipoondi taluk, Thiruvallur District for which the patta stands in the name of the petitioners.

For Petitioners:Mr.R.Velu For Respondents: Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

Heard Mr.R.Velu, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for respondents. With the consent of either side, the Writ

Petition itself is taken up for final disposal at the admission stage.

2.The petitioners seek for a direction upon the respondents to consider their representation dated 08.08.2013 for the purpose of measuring the property and fixing boundary stones.

3. In the affidavit filed in support of the Writ Petition, the petitioner has not mentioned as to who is objecting the petitioner's request for measuring the property. The petitioner has made vague averment that the neighbours are continuously quarreling with the petitioners.

4. Since the petitioners have not impleaded the objectors, no positive direction could be granted, as sought for, by the petitioners and hence this Writ Petition is dismissed. However, it is open to the petitioners to pursue their representation before the 3rd respondent by appearing before the 3rd respondent along with the copy of this order and the 3rd respondent shall proceed in accordance with law after issuing notice to all the parties, who are likely to be aggrieved including the petitioner. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ssd To

1. The Secretary to Government of Tamilnadu Revenue Department, Fort St. George, Chennai - 600 009

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The Tahsildar, Gummudipoondi Taluk, Thiruvallur District 1 cc to the Government Pleader, Sr. 6935 Writ Petition No. 3051 of 2015 GR (CO) kk 3/3