G.Anwar Vs the District Collector

Emerald Promoters Pvt. Ltd. represented by its Managing Director having its Registered Office at: W-113, III Avenue Anna Nagar Chenna – 600 040 Respondents

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Writ Petition filed under Article 226 of the Constitution of India

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seeking a writ of mandamus directing the respondents 1 to 3 to survey

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the petitioner's property bearing Plot No.18, “Industrial Garden”, comprised in Survey No.185/1C situated at No.50, Vadaperumbakkam Village, Ambattur Taluk, Thiruvallur District, within the limits of Puzhal Panchayat Union, measuring to an extent of 1,718 sq. ft. of land and https://www.mhc.tn.gov.in/judis 1/8

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to remove the encroachments illegally put up by the respondents 4 and 5, on the basis of the petitioner's representation dated 23.12.2024 and to dispose of the same within a time frame.

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For petitioner Mr. V. Ramana Reddy For RR 1 to 3 Mr. T.K. Saravanan Government Advocate

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ORDER

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(made by M. SUNDAR, J.)

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Subject matter of captioned 'writ petition' (hereinafter 'WP' for

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the sake of brevity) is 'Plot No.18, 'Industrial Garden' comprised in Survey No.185/1C situate at No.50, Vadaperumbakkam Village, Ambattur Taluk, Thiruvallur District' (hereinafter 'said land' for the sake convenience and clarity).

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Mr. V. Ramana Reddy, learned counsel for writ petitioner, submits that said land admeasures 1,718 sq.ft. or thereabouts and writ petitioner purchased the same in the year 2006 by way of a registered sale deed dated 05.12.2006 (Document No.10855 of 2006 on the file of Sub Registrar Office, Red Hills).

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Learned counsel points out that on 10.07.2024, writ petitioner sought survey of said land and paid fee for the same but there is inaction.

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Learned counsel also submits that a representation dated 23.12.2024 has been sent by writ petitioner.

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A careful perusal of writ petitioner's representation dated 23.12.2024 brings to light that writ petitioner is alleging encroachment in said land by a neighbour. This Court is of the considered view that cases of alleged encroachments in private lands, more so by neighbours, are matters in which the parties concerned should approach Civil Court. To be noted, it is not the case of the writ petitioner that there is encroachment in public land.

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Faced with the above situation, learned counsel for writ petitioner, submits that he restricts the prayer (in captioned main WP) to his request for survey of said land alone. This submission is recorded.

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Issue notice to official respondents, viz ., RR 1 to 3.

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Mr. T.K. Saravanan, learned Government Advocate, accepts notice for RR 1 to 3 and learned State counsel submits, on instructions, that writ petitioner's application for survey dated 10.07.2024 was acted upon, the Revenue Inspector went over to said land but it came to light that said land is not in possession of writ https://www.mhc.tn.gov.in/judis 3/8

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petitioner and therefore, survey could not be conducted.

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Be that as it may, learned State counsel also submitted that R2 (Tahsildar, Madhavaram Taluk) will now pass a suitable order qua writ petitioner's application for survey dated 10.07.2024.

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We make it clear that all the rights and contentions of private respondents (RR 4 and 5) stand preserved with regard to subject matter of instant writ petition. Therefore, there is no impediment in taking up the captioned WP with the consent of learned counsel for writ petitioner and learned State counsel, we do so.

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The acknowledgment for survey request, i.e., application for survey of said land, as placed before us, is as follows:

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R2 will now pass orders qua the above application as expeditiously as the business of R2 would permit but in any event within a period of three weeks from today i.e., on or before 28.02.2025. The order so passed by R2 shall be served on writ petitioner under due acknowledgment within five working days from the date of the order.

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Inasmuch as we have preserved the rights and contentions of private respondents (RR 4 and 5), we deem it appropriate to write that all the rights and contentions of writ petitioner also will stand preserved when the order is made by R2 and if the writ petitioner approaches Civil Court or initiates any other action, if so advised and if so desired.

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Captioned WP stands disposed of in the aforesaid manner with the aforesaid directives. There shall be no order as to costs.

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(M.S., J.) (K.G.T., J.) 07.02.2025

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cad Index: Yes/No NC : Yes/No

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