K.Kasi v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.9342 of 2015 K.Kasi ... Petitioner vs.

1. The District Collector, Thiruvallur District

2. The Tahsildar, Ponneri Taluk, Ponneri.

3. The Deputy Inspector of Survey Ponneri Union, Tiruvallur District

4. The Inspector of Police, Kattur Police Station, Kattur, Ponneri Taluk.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a issuance of Writ of Mandamus by directing the 2nd and 3rd respondents to consider the petitioner's representation dated 19.02.2013 and to take necessary steps to measure the land survey no.214/4 in extent of 0.19 cents ponneri taluk and put up the boundary stone in the land and issue the patta and consequently direct the 4th respondent to provide police protection at the time of measurement.

For Petitioner : Mr.G.Murugendran For Respondents: Mr.M.L.Mahendran Government Advocate O R D E R Heard Mr.G.Murugendran, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government Advocate appearing for respondents and perused the materials placed on record. With the consent on either side, the Writ Petition itself is taken up for final disposal at the admission stage.

2. The petitioner has filed this Writ Petition praying for a issuance of Writ of Mandamus to direct the 2nd respondent to consider his representation for the purpose of conducting survey in the property.

https://hcservices.ecourts.gov.in/hcservices/

3. Earlier, the petitioner approached this Court for somewhat identical relief by filing W.P.No.14112 of 2012 and this Court disposed of the Writ Petition by an order dated 30.05.2012 by considering the limited scope of the matter, directed the respondents 2 and 3 to consider the application of the petitioner and take appropriate action. Pursuant thereto, Tahsildar, Ponneri vide memo dated 30.08.2012 directed the 3rd respondent to survey the property on 13.09.2012 in the presence of the petitioner and others. It is stated that pursuant to the said direction, no final orders have been passed and property has not been measured and no report has been submitted.

4.In the light of the above, the 2nd respondent is directed to consider the petitioner's representation dated 19.02.2013 take note of the facts mentioned therein and if there is no other legal impediment, the representation shall be considered and appropriate orders shall be passed on merits and in accordance with law after notice to the petitioner within a period of six weeks from the date of receipt of copy of the order.

With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. The District Collector, Thiruvallur District

2. The Tahsildar, Ponneri Taluk, Ponneri.

3. The Deputy Inspector of Survey Ponneri Union, Tiruvallur District

4. The Inspector of Police, Kattur Police Station, Kattur, Ponneri Taluk +1 cc to Government Pleader,SR.18383 +2 cc's to Mr.Murugendran, Advocate,SR.18060. kk(co) krd 10/4 W.P.No.9342 of 2015 https://hcservices.ecourts.gov.in/hcservices/