B.Ramaguru, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.26352 of 2016 B.Ramaguru ... Petitioner

Versus

1.The District Collector, Nagapattinam District, Nagapattinam.

2.The Tahsildar, Sirkali, Nagapattinam District.

3.The District Registrar, Mayiladuthurai, Nagapattinam District.

4.The Inspector General of Registration, Sanathome High Road, Chennai 600004.

5.Jannath Beevi.

6.K.Chellappan 7.R.Pandian 8.K.Raja 9.A.Kalaiyarasi 10.A.Kaliyamoorthy 11.The Superintendent of Police Nagappattinam District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents 1 and 2 to remove all the encroachments in R.S.No.370/4 in 92, Keelayur Village, Sirkali Taluk, Nagapattinam District.

For Petitioner : Mr.Elepahant G.Rajendran For Respondents : Mr.R.Vijayakumar Additional Government Pleader for R.1 to R.4 and R.11

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) Notice which is accepted by the learned counsel for the first four respondents and the 11th respondent. Respondent Nos.5 to 10 are private parties.

2. The petitioner claims that there is a tank as per natham revenue land records in S.N.370/4 used for watering 250 acres of Nanja lands. The private respondents are stated to have endeavoured to convert this tank into four house plots, but it was prevented by the villagers. The petitioner claims that the respondent authorities even looked into the matter and have found on measurement of the tank that area which is alleged to have been sold covers the said pond area and thus, even the sales deeds are required to be cancelled.

3. On hearing the learned counsel for the parties, we are of the view that the representation of the petitioner dated 30.12.2015 be disposed of by respondents 1 and 2, within a maximum period of three months of the receipt of the order in accordance with law, after notice to all concerned. Dependant on the result of the disposal of the representation, the first respondent may be required to take certain actions qua the alleged registration of the document, which should be looked into by the first respondent accordingly.

4. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ksr

To 1.The District Collector, Nagapattinam District, Nagapattinam.

2.The Tahsildar, Sirkali, Nagapattinam District.

3.The District Registrar, Mayiladuthurai, Nagapattinam District.

4.The Inspector General of Registration, Sanathome High Road, Chennai 600 004.

5.The Superintendent of Police Nagappattinam District.

+2cc's to Mr.Elepahant G.Rajendran, Advocate, S.R.No.42629 +1cc to the Government Pleader, S.R.No.42911 W.P.No.26352 of 2016 MP 1(CO) CA(16/08/2016)