Madras High CourtWP/16394/2020disposed of

M.Masdhan Sahib v. The District Collector

2020-11-23Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.16394 of 2020 M. Masthan Sahib ... Petitioner Vs.

1. The District Collector, The Collectorate Office, No.62, Rajaji Salai, Fourth Floor, Chennai -01.

2. The Revenue Divisional Officer, The Revenue Divisional Office, Guindy, Chennai-32.

3. The Tahsildar, Sozhinganallur Taluk Office, Sozhinganallur, Chennai.

4. The Deputy Commissioner of Police, Office of Deputy Commissioner of Police, Adyar District, Chennai.

5. The Inspector of Police, J-12 Police Station, Chennai 603 112.

6. Babudass, M/s.VGP Group of Companies, Dharmaraja Koil Street, Saidapet, Chennai-15.

.. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner representation dated 22.10.2020 and to survey the petitioner's property and fix the boundaries and consequently direct the 4th and 5th respondent to provide police protection to survey the petitioner's property situate at Survey No.8/5, 649, Panaiyur Village, Sholinganallur Taluk, ECR Road, Chennai.

For Petitioner : Mr.K.Narayanan For Respondents: Mr.G.Rajesh, Govt. Advocate

O R D E R

This Writ Petition has been filed for issue or Writ of Mandamus directing the respondents 1 to 3 to act upon the representation made by the petitioner on 22.10.2020 and to conduct a survey and fix the boundaries.

2. Mr.G.Rajesh, learned Government Advocate, appearing on behalf of the respondents 1 to 5 submitted that the 3rd respondent has called the petitioner and the 6th respondent for an enquiry on 26.11.2020 at 12 Noon. The learned counsel submitted that the 3rd respondent will consider the documents presented by the petitioner and the 6th respondent and shall take a decision with regard to conducting a survey in the subject property based on the title documents.

3. Taking into consideration the facts and circumstances of the case and also the fact that the 3rd respondent has already called the petitioner and the 6th respondent for an enquiry, there shall be a direction to the 3rd respondent to conduct the enquiry and take a decision strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order. It is made clear that only the petitioner and the 6th respondent shall be present at the time of enquiry and both the sides should not bring any other person along with them at the time of enquiry. This specific direction is given since the parties are creating law and order problem every time when the 3rd respondent calls them for an enquiry.

4. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar msr To

1. The District Collector, The Collectorate Office, No.62, Rajaji Salai, Fourth Floor, Chennai -01.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Guindy, Chennai-32.

3.The Tahsildar, Sozhinganallur Taluk Office, Sozhinganallur, Chennai.

4.The Deputy Commissioner of Police, Office of Deputy Commissioner of Police, Adyar District, Chennai.

5.The Inspector of Police, J-12 Police Station,Chennai 603 112.

+1cc to Mr.K.Gowthaman Advocate SR.NO.37900 +1cc to the Government Pleader SR.NO.37970 W.P.No.16394 of 2020 RGN CO SDR 17/12/2020