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Madras High CourtWP/29866/2016disposed of

P.Sokkuvel, v. The Additional Chief Secretary

2016-08-29Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.29866 of 2016 P.Sokkuvel

...Petitioner

-Vs1.The Additional Chief Secretary & Commissioner of Land and Survey, Office of the Commissioner of Land and Survey, Chepauk, Chennai.

2.The District Revenue Officer, Office of the District Revenue Officer, Kanchipuram District.

3.The Special Tahsildar, Office of Special Tahisldar, Alandur Taluk, Kancheepuram District.

4.Suguna 5.Usha

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd respondent to survey and measure the metes and bounds in respect of Door No. 88/2, in Old S. No.225/2, New S. No.225/25, Ward No.157, Zone XII, Nehru Street, Mettu Colony, Manapakkam Village, Alandur Taluk, Kanchipuram District measuring an extent of 575 sq. mtr.

For Petitioner : Mr.S.Nambirajan For Respondents: Mr.S.V.Duraisolaimalai, Addl. Government Pleader [R1 to R3]

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner claims to be the owner of super structure bearing Door No.88/2, comprised in Old S.No.225/2, New S.No.225/25, Ward No.157, Zone XII, Nehru Street, Mettu Colony, Manapakkam Village, Alandur Taluk, Kanchipuram District admeasuring to an extent of 575 sq. mtr. and the fourth respondent under the guise of putting up a super structure in his land has put up a "saram" on the petitioner's land and therefore, the petitioner had approached the third respondent for survey and measurement of his land and also paid necessary fees and he also issued with receipts dated 04.03.2015, 29.02.2016 and 20.06.2016 and despite that no orders have been passed and hence, came forward to file this Writ Petition.

3. Heard the submissions of Mr.S.N.Nambirajan, learned counsel appearing for the petitioner and Mr.S.V.Duraisolaimalai, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

4. Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the third respondent along with the copy of this order as well as the copy of the challans issued to him within a period of two weeks from the date of receipt of a copy of this order and the third respondent, on receipt of the same, is directed to consider the said representation in accordance with law, after putting on notice to the respondents 4 and 5 and pass orders within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner as well as to the respondents 4 and 5.

5. This Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vsm To 1.The Additional Chief Secretary & Commissioner of Land and Survey, Office of the Commissioner of Land and Survey, Chepauk, Chennai.

2.The District Revenue Officer, Office of the District Revenue Officer, Kanchipuram District.

3.The Special Tahsildar, Office of Special Tahisldar, Alandur Taluk, Kancheepuram District.

+1 cc to Government pleader sr 49146 W.P.No.29866 of 2016 aa26/09/2016