V.Seenuvasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.17496 of 2020 and W.M.P.No.21679 of 2020 V.Seenuvasan, No.128/108, South Street, Thirukoilure, Kallakurichi - 605 757.

...Petitioner

Vs.

1.The District Collector, Office of the District Collector, Kallakurichi - 605 202.

2.The Tahsildar, Thriukoilure Taluk, Kallakurichi - 605 202.

3.K.V.L.K.Ashok, No.130/107, South Street, Thirukoilure, Kallakurichi - 605 757

...Respondent

Prayer:

This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents herein to conduct an inspection through the Taluk Surveyor to ascertain the extent of the petitioner's land illegally grabbed by the 3rd respondent herein.

For Petitioner : Mr.Venkatesh Mahadevan For Respondents : Mr.A.Aruldoss, (for R1 & R2) Government Advocate

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the first and second respondents to conduct inspection in the subject property and to carry out the survey and thereafter, submit a report before the Inspector of Police, Land Grabbing Cell, District Crime Branch, Villupuram within the time frame fixed by this court.

2.Mr.A.Aruldoss, learned Government Advocate appearing on behalf of respondents 1 and 2 submitted that the second respondent has called the petitioner for preliminary enquiry on 16.12.2020 and the second respondent on going through the documents, will take a decision with regard to the survey of the subject property and a report will also be given before the concerned police, within the time fixed by this Court. 3.It is seen from the records that the petitioner has give a complaint against the third respondent before the Inspector of Police, Land Grabbing Cell, District Crime Branch, Villupuram on the ground that the third respondent has illegally grabbed the property of the petitioner.

Immediately after the complaint was given, an enquiry was conducted by the police and the third respondent, who appeared before the police categorically stated that the survey can be done and he will cooperate for the same. 4.The grievance of the petitioner is that no steps were taken by the second respondent to conduct the survey and as a result of the same, the entire proceedings stands still. 5.Taking into consideration the facts and circumstances of the case and also of the fact that the second respondent has called the petitioner for enquiry, there shall be a direction to the second respondent to complete the entire process and submit the report before the Inspector of Police, Land Grabbing Cell, District Crime Branch, Villupuram, within a period of four weeks from the date of receipt of a copy of this order. 6.

This Writ Petition is disposed of with the above directions. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sai/pgp To 1.The District Collector, Office of the District Collector, Kallakurichi - 605 202.

2.The Tahsildar, Thriukoilure Taluk, Kallakurichi - 605 202.

3.The Inspector of Police, Land Grabing Cell, District Crime Branch, Villupuram/ +1cc to Special Government Pleader, S.R.No.40674 W.P.No.17496 of 2020 and W.M.P.No.21679 of 2020 RP(CO) KKV/07/01/2021