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Madras High CourtWMP/17613/2019ordered

Tmt. Niranjana v. The Assistant Engineer

2019-06-27Honourable Mr Justice P.D.Audikesavalu8 pages

W.M.P. No. 17613 of 2019 W.P. No. 6450 of 2019 The Proposed Respondents, viz., the Tahsildar and the Taluk Surveyor are necessary parties for deciding the issue in the Writ Petition and as such, this Petition is ordered. 1/4

W.M.P. No. 17613 of 2019 W.P. No. 6450 of 2019 Dated : 27.06.2019

W.M.P. No. 17616 of 2019 The Proposed Respondents viz., the Tahsildar and the Taluk Surveyor are necessary parties for deciding the issue in the Writ Petition and as such, this Petition is ordered. 2/4

W.M.P. No. 17616 of 2019 Dated : 27.06.2019

W.P. No. 6450 of 2019 Registry is directed to carry out necessary amendment in the Writ Petition pursuant to the order dated 27.06.2019 in W.M.P. No. 17613 of 2019.

2.

Mr. R. Venkatesh, Learned Government Advocate takes notice for the Second and Third Respondents.

3.

The Learned Counsel for the Petitioner submitted that the Division Bench of this Court by order dated 14.08.2009 in W.P. Nos. 16448 and 16452 of 2009 filed by the same Petitioner had directed to call for objections and after considering the objections, appropriate orders shall be passed on merits and in accordance with law. The grievance of the Petitioner is that though objections have been made by him, action is being taken by surveying the property without considering any objections raised by the Petitioner. 4.

In view of the same, the Respondents are directed to file status report on the action taken pursuant to the objections raised by the

Petitioner. If the Respondents are not in a position to file any such report, Counter Affidavit shall be filed explaining the reasons for the same, failing which the Respondents shall appear before this Court on the next hearing.

5.

It is made clear that the Petitioner shall fully extend their cooperation to the Respondents in the matter for the purpose of considering the objections. Any refusal to co-operate by the Petitioner in that regard shall be construed as an act of contempt for which action is liable to be taken.

Post the matter on 07.08.2019.

3/4 W.P. No. 6450 of 2019

P.D. AUDIKESAVALU, J.

Registry is directed to carry out necessary amendment in the Writ Petition pursuant to the order dated 27.06.2019 in W.M.P. No. 17616 of 2019.

2.

Mr. R. Venkatesh, Learned Government Advocate takes notice for the Second and Third Respondents.

3.

The Learned Counsel for the Petitioner submitted that the Division Bench of this Court by order dated 14.08.2009 in W.P. Nos. 16448 and 16452 of 2009 filed by the same Petitioner had directed to call for objections and after considering the objections, appropriate orders shall be passed on merits and in accordance with law. The grievance of the Petitioner is that though objections have been made by him, action is being taken by surveying the property without considering any objections raised by the Petitioner. 4.

In view of the same, the Respondents are directed to file status report on the action taken pursuant to the objections raised by the

Petitioner. If the Respondents are not in a position to file any such report, Counter Affidavit shall be filed explaining the reasons for the same, failing which the Respondents shall appear before this Court on the next hearing.

5.

It is made clear that the Petitioner shall fully extend their cooperation to the Respondents in the matter for the purpose of considering the objections. Any refusal to co-operate by the Petitioner in that regard shall be construed as an act of contempt for which action is liable to be taken.

Post the matter on 07.08.2019.

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