V M CHACKO Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Writ Petition is filed seeking to challenge an order of the 1st respondent made in G.O (Nilai) No. 175 Revenue (Ni. Mu.11(1) Department, dated 26.5.2009 and for a consequential direction to respondents to remove the obstructions illegally put up by the fourth respondent on the property of the petitioner as well as the lease deed. By the impugned order, the State Government extended the lease in favour of the 4th respondent in Survey No.320/2C in Ambattur Taluk, Padi Village, Thiruvallur District in respect of Punjai Waste Poromboke land to an extent of 0.00.5 Hectares or 240 Sq.ft for setting up a painting shop with the lease amount of Rs.6000/-. THE lease was given fro a period of five years.

(2.) WHEN the matter came up on 3.6.2009, this Court ordered Notice of Motion returnable by four weeks. In the meanwhile, the 4th respondent was allowed to continue his activity only in the land allotted to him on lease. Subsequently, the interim order was extended by order dated 20.7.2010. Thereafter, when the matter came up on 21.6.2010, the petitioner had filed two applications in M.P.No.1 of 2010 for appointment of an Advocate Commissioner and M.P.No.3 of 2010 for impleading 5th and 6th respondents as party respondents and that application was ordered on 25.10.2010. M.P.No.2 of 2010 is filed by the State for vacating the interim order, supported by counter affidavit dated 13.9.2010. During this period, interim order was extended from time to time. The 3rd respondent District Revenue Officer had also filed a counter affidavit dated 10.8.2010.

(3.) ON 28.2.2012, this Court found that the Tahsildar, Ambattur was not cooperating with the Advocate Commissioner and he is not permitting the Taluk Surveyor to measure the property. Therefore, a direction was given to the Tahsildar, Ambattur to provide all assistance to the Advocate Commissioner in executing the warrant and also to direct the Taluk Surveyor to assist the Advocate Commissioner to measure the property.