K.Jeyaram v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.25184 of 2021 K.Jeyaram ... Petitioner Vs

1. The State represented by Inspector of Police, Central Crime Branch (Team 16-A), Land Grabbing Cell-I, Vepery, Chennai - 600 007.

(Transferred from J-7, Velachery Police Station Crime No.52/2013)

2. The Revenue Divisional Officer, South Chennai Sub Division, @ Egmore - Nungambakkam, Chennai - 600 008.

3. The Tahsildar, Velachery Taluk Office, Velachery, Chennai - 600 042.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second and third respondents to furnish the details sought for by notices dated 13.02.2020, 08.12.2017 and 11.09.2018 of the first respondent in respect of the property comprised in S.F.Nos.645/2A1D and 646/2B in Velachery Village, situated at Srinivasa Nagar, First Street, Vijaya Nagar Neighbourhood, Chennai - 600 042 forthwith.

For Petitioner : Mr.N.A.Ravindran For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the second and third respondents to furnish the details sought for by notices dated 13.02.2020, 08.12.2017 and 11.09.2018 of the first respondent in respect of the property comprised in S.F.Nos.645/2A1D and 646/2B in Velachery Village, situated at Srinivasa Nagar, First Street, Vijaya Nagar Neighbourhood, Chennai - 600 042 forthwith.

2. The petitioner lodged a complaint before the first respondent alleging that the accused persons encroached his house to an extent of 1440 sq.ft and also raised superstructure over the said land. On receipt of the same, the first respondent registered FIR in Crime No.52 of 2013 for the offences under Sections 467, 468, 471, 420, 447 and 506(ii) of IPC as against the accused persons. In pursuant to the FIR, the first respondent conducted investigation and while pending the investigation, the first respondent called for report from the second and third respondents herein with regard to furnish details regarding description of the properties mentioned in the sale deeds, registered vide Document Nos.

1476/1988, 3159/1988 and 2871/2006 and those details sought for by the first respondent were not found in the Town Survey Map of Velachery in Block No.176, despite the fact that the surveyor had taken measurement of the lands on 09.01.2018. Therefore, the first respondent had further requested the third respondent to furnish a certificate by identifying the extent of encroachment in the construction put up by the accused. However, the second and third respondents had yet to furnish any details, as requested by the first respondent. Therefore, the investigation is still pending without filing any final report.

3. Considering the above facts and circumstances, the second and third respondents are directed to furnish the details sought for by the petitioner and the first respondent in respect of the property comprised in S.F.Nos.645/2A1D and 646/2B, situated at Srinivasa Nagar, First Street, Vijaya Nagar Neighbourhood, Velachery Village, Chennai - 600 042, within a period of two weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

kv To

1. The Inspector of Police, Central Crime Branch (Team 16-A), Land Grabbing Cell-I, Vepery, Chennai - 600 007.

2. The Revenue Divisional Officer, South Chennai Sub Division, @ Egmore - Nungambakkam, Chennai - 600 008.

3. The Tahsildar, Velachery Taluk Office, Velachery, Chennai - 600 042.

+1cc to Mr.C.Prabakaran, Advocate, S.R.No.61188 +1cc to the Government Pleader, S.R.No.61936 W.P.No.25184 of 2021 SSD(CO) CT/16/12/2021