S.Murugean v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.28779 of 2024 S.Murugesan
...Petitioner
Vs.
1. The Government of Tamil Nadu, Represented by its Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai, Pin Code - 600 009.
2. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai, Pin Code - 600 008.
3. The Director of Town and Country Plaining, 2nd , 3rd and 4th floor, C & E Market Road, Koyambedu, Chennai, Pin Code - 600 107.
4. The District Collector, Collectorate, GST Road, Chengalpattu District, Pin Code - 603 001.
5. The Block Development Officer,
6. The Commissioner, Panchayat Union, Kattankolathur, 1/6
7. The Planning Officer, Panchayat Union,
8. The Tahsildar, Vandalur Taluk, GST Road, Guduvanchery, Chengalpattu, Pin code - 603 202.
9. The Head Surveyor, Vandalur Taluk, GST Road, Guduvanchery, Chengalpattu, Pin Code - 603 202.
10. The Revenue Inspector, Puthur Village, Vandalur Taluk,
11. The Village Administrative Officer, Puthur Village, Vandalur Taluk,
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the eighth respondent to dispose the petitioner representation dated 19.08.2024 within a reasonable period as may by fixed by this Court and further direct the eighth respondent to measure 150 feet by-pass road and fix the boundary with stones. For Petitioner :
Mr. P. Sam Japa Singh For R1,3,4,8 to 11 :
Mr. A.Selvendran Special Government Pleader For R2 :
Mrs. K. Mageswari, Standing Counsel For R5 to R7 :
Mr. M. Bindran, Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the eighth respondent to consider his representation dated 19.08.2024 seeking survey of the land and to 2/6
fix the boundary stones to identify the property properly.
2. It is the case of the petitioner that he purchased plot No.13 comprised in old survey no.17/1, new survey No.17/6 with an extent of 1714sq.ft, a vacant house site adjacent to 150 feet by-pass road, in Puthur Village, Vandalur Taluk, Chengalpattu District under registered sale deed dated 02.05.2001. It is the case of the petitioner that there is a 150 feet by pass road formed subsequent to the purchase of the land by the petitioner. It is further stated that the adjacent land owners are attempting to encroach 150 feet bypass road and in that process, his right over the property purchased by him is affected. Therefore, the petitioner submitted a representation dated 19.08.2024 to the respondents seeking survey of his land with reference to the 150 feet bypass road and fix the boundary stone, but the same has not been considered till date. Therefore, the petitioner is before this Court. 3.
Mr. Selvendran, learned Special Government Pleader, who takes notice for the respondents 1, 3, 4, 8 to 11. Mrs. K. Mageswari, learned standing Counsel takes notice for the second respondent and Mr.M.Bindran, learned Additional Government Pleader takes notice for the respondents 5 to 7.
4. Learned Additional Government Pleader appearing for the 3/6
respondents1, 3, 4, 8 to 11 submitted that in between the property of the petitioner and the 150 feet by-pass road, there is a private road with survey No.17/7B1 and there is no encroachment as alleged by the petitioner. He further submitted that the claim of the petitioner seeking survey of 150 feet road and to fix the boundaries of his property will be considered on its own merits and appropriate orders will be passed.
5. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the eighth respondent to consider the representation of the petitioner dated 19.08.2024 and pass final orders, after issuing notice to all interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
30.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av 4/6
To
1. The Secretary, The Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St.George, Chennai, Pin Code - 600 009.
2. The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai, Pin Code - 600 008.
3. The Director of Town and Country Plaining, 2nd , 3rd and 4th floor, C & E Market Road, Koyambedu, Chennai, Pin Code - 600 107.
4. The District Collector, Collectorate, GST Road, Chengalpattu District, Pin Code - 603 001.
5. The Block Development Officer,
6. The Commissioner, Panchayat Union, Kattankolathur,
7. The Planning Officer, Panchayat Union,
8. The Tahsildar, Vandalur Taluk, GST Road, Guduvanchery, Chengalpattu, Pin code - 603 202.
9. The Head Surveyor, Vandalur Taluk, GST Road, Guduvanchery, Chengalpattu, 5/6
Pin Code - 603 202.
S. SOUNTHAR, J.
av
10. The Revenue Inspector, Puthur Village, Vandalur Taluk,
11. The Village Administrative Officer, Puthur Village, Vandalur Taluk, W.P No.28779 of 2024 30.09.2024 6/6