M/S.Lakshmipathi Brick Works v. The Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.26829 of 2022 M/s. Lakshmipathi Brick Works A registered Partnership Firm being represented by one of its Partner P.Srinivasan Son of K.Parthasarathy No.11, Vada Noombal Road Perumal Agaram Chennai - 600 077 .. Petitioner
Versus
1.The Chairman Cum Managing Director Tamil Nadu Housing Board CMDA Complex E&C Market Road Koyambedu, Chennai - 600 107 2.The Executive Engineer The Tamil Nadu Housing Board JJ Nagar Division, Thirumangalam Chennai - 600 101 3.The Tahsildar Office of the Tahsildar Maduravoyal Taluk Chennai .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to measure 1/5
the land which is subject matter of acquisition comprised in Survey No.102/4 for an extent of acres 0.79 cents Nolambur Village, Maduravoyal Taluk, Chennai District and thereon direct the 1st and 2nd respondents to restrain from putting up any form of construction over the land comprised in Survey No.104/1, of an extent of acre 0.08 cents situated in Nolambur Village, Maduravoyal Taluk, Chennai District handover the possession of the said lands to the petitioner thereon adequately compensate the petitioner in respect of the act of the respondents 1 and 2 in demolishing the structure and the said land. For Petitioner : Mr.A.Palaniapan For Respondents : Mr.A.M.Ravindranath Jayapal for R1 & R2 Mr.U.Bharanidharan for R3 Additional Government Pleader
ORDER
This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the 3rd respondent to measure the land which is subject matter of acquisition comprised in Survey No.102/4 for an extent of acres 0.79 cents Nolambur Village, Maduravoyal Taluk, Chennai District and thereon direct the 1st and 2nd respondents to restrain from putting up any form of construction over the land comprised in Survey No.104/1, of an extent of acre 0.08 cents situated in Nolambur Village, Maduravoyal Taluk, Chennai District handover the possession of the said lands to the petitioner thereon adequately compensate the petitioner in respect of the act of the respondents 1 and 2 in demolishing the structure of the said land.
2. The case of the petitioner is that the respondents 1 and 2 Board has 2/5
acquired the portion of the land in Survey No.102/4 for an extent of acres 0.98 cents Nolambur Village, Maduravoyal Taluk, Chennai District. However, the petitioner firm claims that after sub-dividing the said survey number, 0.19 cents belongs to the petitioner firm. Hence, the petitioner firm seeks to measure the subject property. It is the grievance of the petitioner that before measuring the subject property, the lands in question is allegedly taken possession by demolishing the compound wall. Hence, this petition.
3. Heard both sides and perused the materials available on record.
4. Considering the facts and circumstances of this case, this Court without going into the merits of this case, directs the petitioner to make a representation to the third respondent within a period of two weeks from the date of receipt of a coy of this Order and the third respondent is directed to consider the representation of the petitioner, if any being filed and pass appropriate orders on the petitioner's representation to survey, fix the boundaries for the land comprised in Survey No.102/4 for an extent of acres 0.79 cents situated at Nolambur Village, Maduravoyal Taluk, Chennai District, on merits and in accordance with law, within a period of twelve weeks thereafter, on payment of requisite fees.
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5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 14.10.2022 dhk Index:Yes/No Internet: Yes/No To 1.The Chairman Cum Managing Director Tamil Nadu Housing Board CMDA Complex E&C Market Road Koyambedu, Chennai - 600 107 2.The Executive Engineer The Tamil Nadu Housing Board JJ Nagar Division, Thirumangalam Chennai - 600 101 3.The Tahsildar Office of the Tahsildar Maduravoyal Taluk Chennai 4/5
M. DHANDAPANI, J.
dhk W.P.No.27583 of 2022 14.10.2022 5/5