Thamaraiselvan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.07.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.17205 of 2022 Thamaraiselvan ... Petitioner Vs
1. The District Collector, Office of the Collectorate, Master Plan Complex NH205, Chennai to Tiruttani Highway, Tiruvallur - 602 001.
2. The Tahsildar, Taluk Office, 35HF - Bharathi Street, Mogappar West, Ambattur Industrial Estate, Maduravoyal, Chennai - 600 037.
3. K.S.Mohandass
4. Gajendran
5. The Inspector of Police, T-15 - SRMC Police Station, Prestige Bella Vista Road, Iyyappanthangal, Chennai - 600 056.
... Respondents 1/6
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondents to depute a competent Surveyor to measure and fix the four boundaries of the plot 38, 39, comprised in Survey No.260/1A1, Patta Nos.5114 and 5115 {S.Nos. as per patta are 260/607 and 260/608} measuring an extent of 4800 Sq.ft situated at 3rd Street, Ganesh Avenue Layout, Sakthi Nagar, Porur Village, Maduravoyal Taluk, Tiruvallur District which comes under the Jurisdiction of Greater Chennai Corporation Zone-XI, Division -153, on the basis of the petitioner's representation dated 15.05.2022 fixing a time limit to promptly comply the directions issued by this Hon'ble Court. For Petitioner : Mr.M.Elumalai For Respondents : Mr. A.Anandan, Government Advocate
O R D E R
This petition has been filed seeking to direct the second respondent herein to survey the lands belonging to the petitioner and to fix boundary stones, pursuant to the representation dated 15.05.2022 made by the petitioners, within the time stipulated by this Court. 2/6
2. The case of the petitioner is that the petitioner had purchased two plots No.38 & 39, comprised in Survey No.260/1A1, Patta Nos.5114 and 5115 measuring an extent of 4800 Sq.ft situated at 3rd Street, Ganesh Avenue Layout, Sakthi Nagar, Porur Village, Maduravoyal Taluk, Tiruvallur District, from one Shanthakumari. The respondents 3 and 4 had encroached into petitioner's property and made an attempt to construction, against which the petitioner had given a representation dated 15.05.2022, to the second respondent to take action against them and survey the property and to fix boundary stones for identification of the plots. However, till date, the same has not been considered. Hence, the present petition has been filed seeking the aforesaid relief.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents herein to consider and dispose of the representation made by the petitioner requesting to survey the subject plots and to fix the boundary stones for identification of the said plots, within the time stipulated by this Court.
4. Heard the learned Government Advocate on the above contentions and perused the materials available on record.
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5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent to consider and dispose of the representation dated 15.05.2022 made by the petitioner on merits after providing opportunity to the petitioner and aggrieved persons, if any, within the period of twelve weeks from the date of receipt of a copy of this order.
6. Accordingly, this petition is disposed of with the aforesaid direction. No costs. Consequently, the connected miscellaneous petition is closed. 13.07.2022 ham Index:Yes/No Internet:Yes Speaking/Non-Speaking order 4/6
To
1. The District Collector, Office of the Collectorate, Master Plan Complex NH205, Chennai to Tiruttani Highway, Tiruvallur - 602 001.
2. The Tahsildar, Taluk Office, 35HF - Bharathi Street, Mogappar West, Ambattur Industrial Estate, Maduravoyal, Chennai - 600 037.
3. The Inspector of Police, T-15 - SRMC Police Station, Prestige Bella Vista Road, Iyyappanthangal, Chennai - 600 056.
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M.DHANDAPANI, J.
ham and W.M.P.No.17205 of 2022 13.07.2022 6/6