[Order of the Court was made by M.SATHYANARAYANAN, J.] The learned counsel appearing for the petitioner would submit that the petitioner had purchased the property admeasuring to an extent of 1212 Sq.ft. along with the superstructure bearing Door No.1A in Survey No.787/1A, Ambattur for a valuable consideration through a registered Sale Deed bearing document No.4442 of 2005 dated 05.12.2005 before the Sub Registrar Office, Ambattur and without measurement and fixing of boundary stones and assuming that the gifted portion of the land to the petitioner, is also an encroachment, the respondents 1 to 3 have demolished the superstructure of the petitioner and dispossessed him.
2. The learned counsel appearing for the petitioner would further submit that the petitioner may be directed to submit an application to the Jurisdictional Tahsildar for survey and measurement by paying a prescribed fee and necessary directions may be given to do the needful.
3. This Court heard the submissions of learned counsel appearing for the petitioner and Mr.A.Nagarajan, learned standing counsel appearing for the respondents 1 to 3, who seeks time to get instructions / filing counter. If the petitioner is so advised, is at liberty to file an application before the 4th respondent in the prescribed format along with the fee for survey and measurement of the land purchased by him under the above said Sale Deed within a period of two weeks from the date of receipt of copy of this order and upon receipt of the same, the 4th respondent may entertain the same, if the papers are otherwise in order and thereafter, give a disposal of the same within a further period of four weeks thereafter and communicate the decision taken to the petitioner and till such time, the respondents 1 to 3 shall defer further proceedings in terms of the notice issued under the provisions of the Madras City Municipality Corporation Act for evicting the possession of the petitioner and it is also made clear, till the disposal of the application for survey and measurement by the 4th respondent, the petitioner shall not create any third party rights in respect of the land in question and shall not alter the physical features of the same.
4. The writ petition stands disposed of with the above directions/observations. No costs. Consequently, the connected miscellaneous petitions are also closed.