Madras High CourtWP/6054/2017disposed of with direction

S.Ponraj, v. The Commissioner,

2024-09-06Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.6054 of 2017 and WMP.No.6492 of 2017

1. S.Ponraj

2. C.Kalavathi

3. S.Thomas ... Petitioners Vs

1. The Commissioner HR & CE Department, Nungambakkam High Road, Chennai-34.

2. Sri Agatheeswarar Prasanna venkatesaperumal Devasthanam, by its Executive officer, M.Sakthivel, No.5, North Maada Street, Nungambakkam, Chennai.

....Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to execute and register sale deed in favour of the petitioners land of 1 ground 1743 sq. ft. (4143 sq. fts.) in RS.No.474 of Nungambakkam Village as per representation dated 14.10.2016 of the petitioners and also forbearing the respondents, their agents, officials or anyone on behalf of the respondents from interfering with the petitioners peaceful possession and enjoyment of 1/4

said land either by demanding rent or arrears or by evicting the petitioners. For Petitioner : Ms.Nalini for M/s.Louisal Ramesh For Respondent : Mr.K.Karthikeyan GA (HR & CE) R1 Mr.N.Nikhilesh for M/s.A.S.Kailasam R2

ORDER

This petition has been filed seeking a direction to the respondents to execute and register sale deed in favour of the petitioners land of 1 ground 1743 sq. ft. (4143 sq. fts.) in RS.No.474 of Nungambakkam Village as per representation dated 14.10.2016 of the petitioners and also forbearing the respondents, their agents, officials or anyone on behalf of the respondents from interfering with the petitioners peaceful possession and enjoyment of said land either by demanding rent or arrears or by evicting the petitioners.

2. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that this Court without going into the merits of the case, seeks liberty to approach the competent forum. 2/4

3. The learned counsel for the respondents have not raised any objection.

4. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court, without expressing any opinion on the merits of the case, grants liberty to approach the competent civil Court for claiming the title over the subject property within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06.09.2024 rli To The Commissioner HR & CE Department, Nungambakkam High Road, Chennai-34.

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M.DHANDAPANI, J.

Rli WP.No.6054 of 2017 06.09.2024 4/4