P.Anand, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.07.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.22882 of 2016 P.Anand ... Petitioner Vs.
1. The District Collector, Office of Collector, Kancheepuram District.
2. The Revenue Divisional Officer, Tambaram, Kancheepuram District.
3. The Tahsildar, Alandur, Office at Pallavapuram Municipality Building, Chrompet, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus directing the 2nd respondent to conduct enquiry on the petitioner's representation dated 10.11.2014 based on the order made by the 1st respondent through proceedings in Na.Ka.No.27237/2014 No.3 dated 19.12.2014.
For Petitioner : Mrs.A.L.Ganthimathi For Respondents : Mr.P.Sanjay Gandhi, Additional Government Pleader
O R D E R
By consent, this writ petition is taken up for final disposal.
2. The petitioner claims to be the owner of the property in Plot No.60-A, by way of registered sale deed bearing document No.2204 of 2008, dated 26.05.2008 and he applied for patta before the jurisdictional Surveyor and Revenue Inspector and yet to be granted patta. The grievance expressed by the petitioner is that one Shanmugasundaram, made an attempt to encroach upon the property by putting up a construction and in this regard, a police complaint, on the file of Chitlapakkam
Police Station, was also lodged in C.S.R.No.559 of 2014 dated 05.11.2014. The petitioner had also filed O.S.No.231 of 2013 on the file of the Court of Principal District Munsif, Alandur against the said Shanmugasundaram and also obtained an order of ad-interim injunction. The grievance expressed by the petitioner is that the said person has managed to get patta behind his back and in this regard, the petitioner has submitted a representation to the first respondent, who in turn, vide communication dated 19.12.2014, in Na.Ka.No.27237/2014 No.3, directed the second respondent to conduct proper enquiry and send the result of the enquiry to his office and since no response is forthcoming, came forward to file this writ petition.
3. Heard the submissions of M/s.A.L.Ganthimathi, the learned counsel appearing for the petitioner and Mr.P.Sanjay Gandhi, the learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4. Though the petitioner prayed for the larger relief, this Court in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the second respondent to act on the letter of the first respondent dated 19.12.2014, after putting on notice Mr.Shanmugasundaram, who is the owner of the plot in plot No.61 and pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to Mr.Shanmugasundaram. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsm To
1. The District Collector, Office of Collector, Kancheepuram District.
2. The Revenue Divisional Officer, Tambaram, Kancheepuram District.
3. The Tahsildar, Alandur, Office at Pallavapuram Municipality Building, Chrompet, Chennai.
+1cc to Mrs.A.L.Ganthimathi, Advocate, S.R.No.37196 +1cc to the Government Pleader, S.R.No.37661 Writ Petition No.22882 of 2016 MSM(CO) CA(20/07/2016)