R.Karthick v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2024 CORAM :
THE HON'BLE MR. JUSTICE P.B.BALAJI AND THE HON'BLE MR. JUSTICE G.ARUL MURUGAN and W.M.P.Nos.33008 and 33009 of 2024 R.Karthick .. Petitioner -vs1. The District Collector,
2. The Sub Collector/Revenue Divisional Officer, Ponneri Revenue Division, Ponneri, Tiruvallur District.
3. The Tahsildar, Gummidipoondi Taluk, Gummidipoondi,
4. The Assistant Director, Survey and Land Register, Tiruvallur District, Tiruvallur.
5. The Executive Engineer, Araniyar Basin Division, Chepauk, Chennai-600 005.
6. The Executive Engineer, Public Works Building (C&M), Ponneri - 601 204,
7. The Assistant Engineer, Lakshmipuram Dam Section, Kaveraipettai-601 206.
Ponneri-601 204, .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records of impugned notice dated 13.09.2024 in Notice No.5/Pi.Aa.Ka/2024 issued by the 7th respondent and quash the same and consequently direct the respondents to survey the lands in S.Nos.485/1A, 509/3, 458 and 507/2, situated at Old Gummidipoondi Village, Gummidipoondi Taluk, Tiruvallur District by considering the petitioner's application dated 19.09.2024 for fixing boundaries of his properties.
For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.K.Karthik Jagannath Govt. Advocate * * * * *
ORDER
(Order of the Court was made by P.B.BALAJI, J.) Heard learned counsel for the petitioner and the learned Government Advocate for the respondents. By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has filed the present writ petition seeking issuance of writ of certiorarified mandamus to quash the impugned notice dated 13.09.2024 in Notice No.5/Pi.Aa.Ka/2024 issued by the 7th respondent and to consequently direct the respondents to survey the lands in S.Nos.485/1A, 509/3, 458 and 507/2, situated at Old Gummidipoondi Village, Gummidipoondi Taluk, Tiruvallur District.
3. Considering the limited grievance of the writ petitioner that the respondents are proceeding to take action without conducting a survey, we set aside the impugned notice dated 13.09.2024 and direct the Tahsildar, Gummidipoondi Taluk, Gummidipoondi, Tiruvallur District/third respondent herein to conduct a survey along with the seventh respondent, in the presence of the writ petitioner and after
conducting the survey, if any encroachments are found, after considering the representation of the petitioner dated 19.09.2024, the respondents shall pass orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.
4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (P.B.B., J.) (G.A.M., J.) 09.10.2024 Index : Yes/No NC : Yes/No sr/sra To
1. The District Collector,
2. The Sub Collector/Revenue Divisional Officer, Ponneri Revenue Division, Ponneri,
3. The Tahsildar, Gummidipoondi Taluk, Gummidipoondi,
4. The Assistant Director, Survey and Land Register,
5. The Executive Engineer, Araniyar Basin Division, Chepauk, Chennai-600 005.
6. The Executive Engineer, Public Works Building (C&M), Ponneri - 601 204,
7. The Assistant Engineer, Lakshmipuram Dam Section, Kaveraipettai-601 206.
Ponneri-601 204, Tiruvallur District.
P.B.Balaji, J.
and G.Arul Murugan, J.
(sra) W.P.No.30318 of 2024 09.10.2024