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Madras High CourtWP/5771/2020disposed of

V.Chandra Sekar v. The Chairman Cum Managing Director

2022-11-11Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

1. V. Chandra Sekar

2. K. Rekha

3. Madhavi Radhakrishnan

4. V. Vasantha

5. V.Loganathan

6. V.Thangavelu

7. V.Senthil ... Petitioners Vs.

1. The Chairman cum Managing Director, Chennai Metro Rail Limited Poonamallee high Road,

2. The collector of Chennai.

M.Singaravelar Maaligai 62, Rajaji Salai, Chennai Collectorate, Chennai - 600 001.

3. The District Revenue Officer, Revenue Divisional Office, Tondiarpet Sub Division, Chennai - 600 081.

4. The District Revenue Officer, Chennai Metro Rail Limited, Poonamallee High Road,

5. The Special Tashildar ( L.A), Chennai Metro Rail Limited, Poonamallee High Road,

6. The Tashildar, Tondiarpet, Rettaikuzhi Street, Tondiarpet Zone, Chennai 600 081.

7. The Executive Engineer, P.W.D., Noth Presidency Division, Chepauk, Chennai - 600 005.

8. The Assistant Engineer, P.W.D., Royapuram Section, Chennai 600 013.

9. R.T. Anandhan,

10. V. Sasikumar ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the Respondents 1 to 6 to conduct a survey of the linear measurements and extent of the property of the petitioners measuring 19 grounds and 1653 Sq.Ft bearing Municipal Door Old no.216/New No. 582 and 584, Thiruvottiyur high Road, Tondiarpet, Chennai - 600 081, comprised in Collector's certificate No.1577, O.S.No.3178, R.S.No.3925, Tondiarpet Village and to measure corrected the eastern boundary of the property.

For Petitioner : Mr.T.M. Hariharan For Respondent-1 : M/s Jayesh B. Dolia For Respondents 2 to 8 : B. Vijay Additional Government Pleader For Respondent 9 and 10 : No Appearance

O R D E R

This Writ Petition has been filed seeking a direction to the respondent to consider the representation of the petitioner to demarcate his property by metes and bounds.

2. The case of the petitioners is that the petitioners have right over the subject property as the said property belongs to their predecessors. Whiles so the subject property has been acquired for the purposed of the formation of Korukkupet Railway Station by the first respondent. The grievance of the petitioner is that while demarcating the subject land for acquisition there was some variation in the extent of lands actually acquired and the entry made in the register. Hence the petitioner made several representation to the revenue authorities and finally made a representation to the respondents 3 to 6 on 15.03.2017 requesting to survey the land of the petitioners, but the same was not considered. Hence this writ petition.

3. The learned counsel for the petitioners submitted that this Court may issue a direction to the respondents 3 to 6 to consider the petitioner's representation dated 15.03.2017 within the stipulated time as fixed by this Court.

4. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the respondents 3 to 6 to consider the petitioner's representation dated 15.03.2017 and take necessary steps to survey the land on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

11.11.2022 Index: Yes/ No Internet: Yes/No smn

To

1. The Chairman cum Managing Director, Chennai Metro Rail Limited Poonamallee high Road,Koyambedu, Chennai - 600 107.

2. The collector of Chennai.

M.Singaravelar Maaligai 62, Rajaji Salai, Chennai Collectorate, Chennai - 600 001.

3. The District Revenue Officer, Revenue Divisional Office, Tondiarpet Sub Division, Chennai - 600 081.

4. The District Revenue Officer, Chennai Metro Rail Limited, Poonamallee High Road,

5. The Special Tashildar ( L.A), Chennai Metro Rail Limited, Poonamallee High Road,

6. The Tashildar, Tondiarpet, Rettaikuzhi Street, Tondiarpet Zone, Chennai 600 081.

7. The Executive Engineer, P.W.D., Noth Presidency Division,Chepauk, Chennai - 600 005.

8. The Assistant Engineer, P.W.D., Royapuram Section, Chennai 600 013.

M.DHANDAPANI,J.

smn W.P.No.5771 of 2020 11.11.2022