Madras High CourtWP/18223/2020disposed of

K.Rajasaravanan v. The District Collector

2020-12-11Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.18223/2020 K.Rajasaravanan ..Petitioner

Versus

1. The District Collector, Chennai District, Having office at Signaravelar Maligai, No.62, Rajaji Salai, Chennai 600 001.

2. The Tahsildar Madhavaram Taluk Madhavaram Taluk Office Puzhal, Chennai 600066.

3. The Regional Deputy Commissioner [North] Corporation of Chennai, No.62, Basin Bridge Road, Basin Bridge, Chidambaram Nagar Chennai 600 001.

4. The Zonal Engineer Madhavaram, No.1, Thattakulam Road, Madhavaram, Chennai 600 060.

5. The Assistant Executive Engineer Ward 25, Block 6, Zone 3, Rettaimalai Srinivasan Street Kathirvedu, Chennai 600066.

6. The Assistant Engineer Ward 25, Block 6, Zone 3, Rettaimalai Srinivasan Street Kathirvedu, Chennai 600066.

7. Mr.M.Balaraju ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus

directing the 2nd respondent to measure the land belonging to the petitioner through metes and bounds and mark the boundaries and direct the 3-6 respondents to demolish the illegal, unauthorised construction made on the petitioner's land within the time period stipulated by this Court.

For Petitioner :

Mr.J.Chelladurai Caldwell For R1& R2 :

Mr.M.Elumalai Additional Government Pleader For RR3 to R6 :

Mr.M.Ganesan Standing Counsel

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J. through Video Conferencing] (1)By consent, the writ petition is taken up for final disposal and is disposed of by this order.

(2)Mr.M.Elumalai, learned Additional Government Pleader accepts notice on behalf of respondents 1 and 2 and Mr.M.Ganesan, learned Standing counsel accepts notice on behalf of respondents 3 to 6.

(3)The petitioner alleging encroachment on the part of the 7th respondent in respect of the land owned by him in Plot No.46, VMK Nagar Layout, filed an application of 10.07.2020 for survey and measurement of the land in New S.No.39/80 of Kathirvedu Village and since it has not been disposed of, also submitted a representation to the District Revenue Officer, Chennai Zone, who vide communication dated 27.08.2020 in O.Mu.No.11815/2020/J16, directed the 2nd respondent to do the needful and alleging inaction on the part of the 3rd respondent, has come forward to file this writ petition. (4)Heard the submissions of the learned counsel for the petitioner and Mr.M.Elumalai, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.M.Ganesan, learned Standing counsel appearing for respondents 3 to 6.

(5)Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in this representation or in this writ petition, directs the 3rd respondent to put the petitioner as well as 7th respondent on notice and comply with the directions of the District Revenue Officer, Chennai Zone, dated 27.08.2020 in O.Mu.No.11815/2020/J16 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order / uploading the order in the website and communicate the decision taken, to the petitioner as well as 7th respondent herein.

(6)The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ap To