S.Loganathan, v. The Corporation Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.31869 of 2014 S.Loganathan ... Petitioner Vs.
1.The Corporation of Chennai, Represented by its Commissioner, Rippon Building, Chennai - 600 003.
2.The Zonal Officer, Zone -4, Chennai Corporation, Zonal office, No.266, T.H.Road, Chennai - 600 021.
3.The District Revenue Officer, The District Revenue Office, Rajaji Salai, Chennai.
4.The Thasildar, Office of Perambur - Purasawalkam Taluk, Perambur, Chennai - 600 011. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third and fourth respondents to implement order passed by the second respondent passed order in Ma.
Aa.4 Na.
KA.No.B4/02455/2013 on 05.06.2013 to inspect and survey the land. For petitioner : Mr.A.L.Ganthimathi For Respondents : Mr.Raja Srinivas, Senior Counsel ( for R.1 & R.2) Mr.T.Chezhiyan ( for R.3 & R.4) Additional Government Pleader
ORDER
The petitioner has filed this petition seeking direction to the third and fourth respondents to implement order passed by the second respondent passed order in Ma. Aa.4 Na.
KA.No.B4/02455/2013 on 05.06.2013 to inspect and survey the land.
2. Mr.T.Chezhiyan, learned Additional Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that there was an encroachment of the property comprised in Survey No.803/33, belongs to Seemathamman Koil and Anantheeswarar Koil bearing Door No.15, Thulasinga Mudali Street III Lane, Perambur and the said property belongs to the Revenue Department. In order to remove the encroachment the petitioner made a representation on 20.03.2013 to the first respondent and the first respondent passed an order dated 05.06.2013 through second respondent and the same was forwarded to the third and fourth respondents. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation, dated 20.03.2013 and pass appropriate orders within the time frame that may be fixed by this Court.
5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 20.03.2013 will be considered by respondents within the time frame that may be fixed by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent to implement order dated 05.06.2013, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tri/skt
To
1. The Commissioner, The Corporation of Chennai, Rippon Building, Chennai - 600 003.
2.The Zonal Officer, Zone -4, Chennai Corporation, Zonal office, No.266, T.H.Road, Chennai - 600 021.
3.The District Revenue Officer, The District Revenue Office, Rajaji Salai, Chennai.
4.The Thasildar, Office of Perambur - Purasawalkam Taluk, Perambur, Chennai - 600 011.
+1cc to Mr.AL.Ganthimathi, Advocate SR.No.16805 +1cc to the Government Pleader SR.No.17059 W.P.No.31869 of 2014 AJS(CO) GN(25/03/2022)