Jaffer Hussain v. The Stae Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 33341 of 2024 Jaffer Hussain
...Petitioner
Vs.
The state rep by 1.The District Collector, Thiruvallur District, Office of the Collector, Thiruvallur - 602 001.
2.The District Collector Chennai District, Singaravelan Maaligai, Fourth Floor, 62, Beach Road, Rajaji Salai, George Town, Chennai - 600 001 3.The Tahsildar Thiruvottiyur Taluk, Thiruvottriyur, Chennai - 600 019
...Respondents
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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents herein to issue suitable orders to identify and survey of the property more fully mentioned in the schedule, mark the same , prepare a rough sketch and issue the same to the petitioner For Petitioner :
Mr. S.Aadithya For Respondents :
Mr. A.Selvendran 1 to 3 Special Government Pleader.
O R D E R
The petitioner seeks direction to the respondents to identify and survey the property described in the schedule to the Writ Petition, demark the same and prepare a sketch thereon within a specified time. 2/7
2. The petitioner claims a right to the property measuring an extent of 2394 sq.ft. comprised in S.No.395, Raja Shanmugam Nagar, which according to him was obtained by his wife Yasmin under a registered release deed dated 01.02.2021. The said Yasmin passed away on 14.05.2021 and on her death, the petitioner approached the Village Administrative Officer and Thasildhar on several occasions to identify the property described in the schedule. However, there was no response for the same. Further, the land was being encroached and illegally sold. He onceagain requested the revenue authorities to identify the properties. However, the same is yet to be identified. Therefore, the petitioner is before this Court.
3. Mr. A.Selvendran, Special Government Pleader would submit that even according to the petitioner there is already a construction by some third party.
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4. However, taking note of the petitioner's request, the 3rd respondent / Tahsildar shall issue notice to the adjacent land owners as well as the person who is stated to have encroached into the property, hear the objections and pass speaking orders. The said exercise shall be completed within a period of 8 weeks, from the date of receipt of a copy of this order.
5. With the above directions, the Writ Petition is allowed. No costs.
14.11.2024 Index : Yes/No Internet : Yes/No kan 4/7
To 1.The District Collector, Thiruvallur District, Office of the Collector, Thiruvallur - 602 001.
2.The District Collector Chennai District, Singaravelan Maaligai, Fourth Floor, 62, Beach Road, Rajaji Salai, George Town, Chennai - 600 001 3.The Tahsildar Thiruvottiyur Taluk, Thiruvottriyur, Chennai - 600 019 5/7
P.T. ASHA, J, kan W.P.No. 33341 of 2024 6/7
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