(Order of the Court was made by The Hon'ble Chief Justice) The petitioner filed the present petition seeking correction of revenue records relating to the classification of his property comprised in Survey No.141/2 and 141/4B of 106, Koyambedu Village, abutting Poonamallee High Road, now T.S.No.17/33.
2.It is the case of the respondent authorities that the petitioner is encroaching on a road and the land is not his private property.
3.In respect of the aforesaid plea, a reference to the counter-affidavit filed by the Corporation of Chennai shows that in earlier proceedings, W.P.No.17159 of 2000, the petitioner was directed to establish his title only before the civil court. However, the petitioner since then has not established such title and had only filed a suit for injunction which was contemporaneous in period of time.
4.The subsequent development which has taken place as is apparent from the averments in the impleadment application is that in W.P.No.10515 of 2015 filed by the newly impleaded sixth respondent, directions were passed on 09.01.2017 as under: ''We have heard the learned counsel for parties.
2. We are of the view that these petitions are liable to be disposed of in terms of the following directions:-
(a) Fresh demarcation exercise be carried out by the Tahsildar, Aminjikarai Taluk to demarcate the boundaries of the land of the petitioner, private respondents and what is claimed to be an encroachment by the petitioner in W.P.No.10515 of 2015.
(b) The status quo order in W.P.No.21665 of 2012 would not come in the way of carrying out such demarcation.
(c) The demarcation should be carried out on 30th January, 2017 at 11.00 A.M. and both the private parties have notice of the same, as they are represented in Court and no further notice would be required.
(d) Dependant on the fate of the demarcation exercise, if any encroachment by any party is found, action in accordance with law shall be taken and concluded within a maximum period of three months thereafter.
(e) The aforesaid would of course be subject to the fate of W.P.No.21665 of 2012 in which status quo order has been passed.
2. The writ petitions, accordingly, stand disposed of. No costs. Consequently, M.P.Nos.1 & 2 of 2015 are closed.''
5.The land in question is stated to be the same. Thus, the demarcation exercise to be carried out would sub-serve the purpose in so far as even the present petition is concerned.
6.We may note that as per the counter-affidavit of the third respondent, the project for expansion of road, at present, has been given up.
Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2012 stands closed.
(S.K.K., CJ.) (M.S., J.) 09.02.2017 Index : Yes/No Website : Yes/No sra To
1.The Collector of Chennai, Chennai.
2.The Revenue Divisional Officer, Chennai-1.
3.The Commissioner, Corporation of Chennai, Chennai-3.
4.The Assistant Engineer, Ward 65, Corporation of Chennai, Chennai-10.
5.The Competent Authority & Special District Revenue Officer (LA), National Highways at Kancheepuram & Tiruvallore District at Kancheepuram.
The Hon'ble Chief Justice and M.Sundar, J.
(sra) W.P.No.21665 of 2012 09.02.2017 http://www.judis.nic.in