Disposed

R.Sukumaran, v. The District Collector

Madras HC30 Jan 2017WP/2131/2017

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mandamus to direct respondents to act on representations regarding an alleged encroachment on his allotted property and its classification as government poramboke land. The court directed the third respondent to conduct an enquiry after notifying relevant parties.

What did the court decide?

The writ petition is disposed of. The third respondent/Tahsildar is directed to enquire into the matter after giving notice to the objector, Housing Board, and petitioner.

R.Sukumaran, Vs The District Collector — Land Acquisition | Madras HC (2017)

¶1

In the High Court of Judicature at Madras Dated: 30.01.2017 Coram

¶2

The Honourable Mr.JUSTICE B.RAJENDRAN

W.P.No.2131 of 2017

R.Sukumaran

..Petitioner

1.The District Collector, The Greater Chennai, O/o. Collector Office, 2^nd Lane Beach Road, Chennai. 2.The Executive Engineer/Authorised Officer, Site and Services Division-II, TNHB, K.K.Nagar, Chennai 600 040. 3.The Tahsildar, O/o.Tahsildar Office, Koyambedu, Chennai 600 106. ..Respondents

¶8

Prayer: Writ petition filed under Article 226 of the constitution of India for issuance of a writ of mandamus to direct the respondents herein to consider the petitioner's representation dated 11.01.2017 to direct the third respondent to survey his property situated in No.CPR-4, New No.15, Water Tank Road, MMDA Colony, Arumbakkam, Chennai 600 106.

¶9

For Petitioner : Mr.N.Soundararajan For Respondents: Mr.A.Kumar for R1 and R3 Special Government Pleader Mr.V.Anandamoorthy for R2 Additional Government Pleader ORDER

¶10

This writ petition is filed for a mandamus to direct the respondents herein to consider the petitioner's representation dated 11.01.2017 to direct the third respondent to survey his property situated in No.CPR-4, New No.15, Water Tank Road, MMDA Colony, Arumbakkam, Chennai 600 106.

¶11

https://hcservices.ecourts.gov.in/hcservices/

¶12

2.According to the petitioner, the subject land was allotted to him by the Tamilnadu housing board. Whileso, One Raju, son of Sudalaimani, former owner of adjacent premises, encroached the property of the petitioner and made illegal construction. The petitioner made Several representations to the respondents. To his shock, when he approached the concerned authorities for issaunce of patta, the authority stated that the property is situated in government poramboke land. Further, he made representations on 03.01.2017 and 11.01.2017 to all the respondents. Since no action was taken, the present writ petition is filed.

¶13

3.Learned Additional Government Pleader appearing for the Housing Board submits that since the original allotment is given by the housing board, an enquiry may be conducted after giving notice to the housing board. He would only contend that as per the record, it is government poramboke land and according to the petitioner, third party Raju has already encroached the property.

¶14

In view of the above, it is for the authority, the third respondent/Tahsildar to enquire into the matter after giving notice to the objector Raju, the Housing board and the petitioner in accordance with law and pass appropriate orders as expeditiously as possible. The writ petition is disposed of. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The District Collector, Chennai Chennai District. 2.The Thasildar, Koyambedu Chennai-106 +1 cc to M/s.V.Ananthamurthy Advocate sr 5814 +1 cc to M/s.N.soundarajan Advocate sr 5727 +1 cc to M/s.Government Pleader sr 5945 W.P.No.2131 of 2017 aa16/02/2017

¶15

https://hcservices.ecourts.gov.in/hcservices/

R.Sukumaran, v. The District Collector

Case brief

What is this about?

What did the court decide?

R.Sukumaran, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

N.Dilli Babu, Vs The Post Master

N.K.Abubacker Vs The District Revenue Officer

Mrs.C.Shantha, Vs The Secretary to Govt. of

M/s.Sripathy Assoceates Vs The State of Tamil Nadu

R.Rangarajan Vs The Director of Government

Monika, Vs The Sub Registrar