V.K.S.Subash v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2025
CORAM:
THE HON'BLE MRS.JUSTICE N.MALA W.P.No.24183 of 2025 and W.M.P.No.27209 of 2025 V.K.S. Subash
...Petitioner
Vs
1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
2. The Managing Director, Tamil Nadu Housing Board, CMDA Complex.
E and C Market Road, Koyambedu, Chennai - 600 107.
3. The Thasildar, Ambathur Taluk, Ambathur, Chennai - 600 053.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from interfering with petitioner's peaceful possession and enjoyment of the property situated in Survey No.489, Ward No.H, Block No.35, Survey Field 79, land measuring an extent of 7300 sq.ft as per patta situated at Sicyon Street, Mogappair Village within the limits of Chennai 1/6
Corporation, Ambattur Taluk, formerly Tiruvallur District and pass orders.
For Petitioner : Mr.S. Sabarish For Respondent- 1 : Mr.E.C. Ramesh Standing counsel For Respondent -3 : Mr. M. Shajakhan, Special Government Pleader
ORDER
Mr.E.C. Ramesh, Standing counsel takes notice for the first respondent. Mr.M.Shajakhan, Special Government Pleader takes notice for the third respondent.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3.
This Writ Petition is filed seeking for a Writ of Mandamus forbearing the respondents from interfering with petitioner's peaceful possession and enjoyment of the property situated in Survey No.489, Ward No.H, Block No.35, Survey Field 79, measuring an extent of 2/6
7300 sq.ft as per patta situated at Sicyon Street, Mogappair Village within the limits of Chennai Corporation, Ambattur Taluk, formerly Tiruvallur District.
4. The petitioner states that one Moses had purchased the property to an extent of 30 cents under a sale deed dated 27.12.1957, for the purpose of Housing Development and road formation. The second respondent acquired the land for road formation, but as the land were not utilised, the second respondent re-conveyed an extent of 17.5 cents, to the legal heirs of the said Moses. The said Moses died on 14.12.2000, leaving behind his legal heirs. The daughters of the said Moses executed a release deed on 26.05.2023, in favour of their brother namely Mr.Sundar Raj and he thus became the absolute owner of the property. The said Sundar Raj inturn sold the property to the petitioner, vide sale deed dated 26.11.2022. While so, the respondents were trying to interfere with the petitioner's possession in violation of the procedures established by law. Hence, the petitioner was constrained to file the above writ petition for the above relief.
3/6
5.The learned counsel for the petitioner submitted that it would be suffice if a direction is issued to the first respondent to dispose of the petitioner's representation dated 28.06.2025, within a time frame fixed by this Court.
6. Considering the limited prayer sought for by the petitioner's counsel, this Court without going into the merits of the case, directs the first respondent to consider and pass orders on the petitioner's representation dated 28.06.2025, by affording an opportunity of hearing to the petitioner on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
07.07.2025 Index:Yes/No Speaking order:Yes/No smn 4/6
To.
1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
2. The Managing Director, Tamil Nadu Housing Board, CMDA Complex.
E and C Market Road, Koyambedu, Chennai - 600 107.
3. The Thasildar, Ambathur Taluk, Ambathur, Chennai - 600 053.
5/6
N.MALA,J.
Smn W.P.No.24183 of 2025 07.07.2025 6/6