Krishnan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH REV.APLW.No.166 of 2021 AGAINST WP.No.15507 of 2021 THE DISTRICT COLLECTOR, [ PETITIONER ] COLLECTORATE, RAJAJI SALAI, CHENNAI 600 001.

Vs 1 R.VETRI [ RESPONDENTS] 2 N.SIVARAMAN, S/O.MR.NARAYANASWAMY, NO.30-A, ARCOT ROAD, VIRUGAMBAKKAM, CHENNAI-600 093 REP BY THEIR POWER OF ATTORNEY AGENT, MR.K.M.SYED KHALIFA, NO.31-A, ARCOT ROAD, VIRUGAMBAKKAM, CHENNAI-600 093.

3 THE CORPORATION OF CHENNAI, REP.BY ITS COMMISSIONER, RIPON BUILDINGS, CHENNAI 600 003.

Review Application under Order 47 Rule 1 & 2 of CPC r/w Section 114 of CPC, against the order of the Honourable Court against the order of the Honourable MR.JUSTICE N.ANAND VENKATESH, dated 21.09.2021 made in WP.No.15507 of 2021 on the file of this Honourable Court(REV.APLW.No.166 of 2021) Order : This Review Appeal coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Special Government Pleader for the petitioner and of M/S.WARON AND SAI RAMS, Advocate for 1 & 2 Respondents and of M/S.RAJA SRINIVAS, Standing Counsel on behalf of the 3rd Respondent, the court made the following order:- Leave is granted to the District Collector to file this review application.

2.The review application has been filed by the District Collector mainly on the ground that the writ petitioners had traced their right by virtue of a ryotwari patta that was granted through proceedings dated 15.04.1976 by the Assistant Settlement https://hcservices.ecourts.gov.in/hcservices/

Officer, Chengalpattu and this document that was produced by the petitioners before the Civil Court is a forged document. The learned Special Government Pleader, who appeared on behalf of the petitioners in order to substantiate his submissions, produced the original order dated 15.04.1976 and apparently there is a huge variation between this order and one that was relied upon by the petitioners and which is found at page no.10 of the typed set of papers. The learned Special Government Pleader submitted that a fraud has been played and it has vitiated the entire proceedings and it has reached upto this Court in the writ petition. Therefore, the learned Special Government Pleader sought for the review of the order passed in the writ petition. 3.Mr.Thiageswaran, learned counsel takes notice on behalf of the 1st and 2nd respondents and Mrs.P.T.Ramadevi, learned Standing Counsel takes notice on behalf of the 3rd respondent - Corporation of Chennai. The papers shall be served immediately to the counsel appearing on behalf of the respondents.

4.Post this case for hearing on 08.04.2022 at 2.15 p.m. In the meantime, the 1st and 2nd respondents are directed to file their counter affidavit in the review application. Considering the seriousness of the allegation made in this review application, the order passed by this Court in the writ petition shall be kept in abeyance.

-sd/- 15/03/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DISTRICT COLLECTOR, COLLECTORATE, RAJAJI SALAI, CHENNAI-600 001.

2 THE COMMISSIONER, THE CORPORATION OF CHENNAI, RIPON BUILDINGS, CHENNAI 600 003.

Order in REV.APLW.No.166 of 2021 AGAINST WP.No.15507 of 2021 Date :15/03/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(21/03/2022) https://hcservices.ecourts.gov.in/hcservices/