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Madras High CourtWP/2637/2025disposed of

Sp.Vairavan v. The District Collector

2025-01-30Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.2947 of 2025 S.P.Vairavan

...Petitioner

Vs 1.The District Collector, Kancheepuram District, Kancheepuram 631 501.

2.The Director of Survey and Settlement Directorate of Survey and Settlement Chepauk, Chennai - 600 005.

3.The Settlement Officer/District Revenue Officer Directorate of Survey and Settlement Chepauk, Chennai - 600 005.

4.The Assistant Settlement Officer (North) Directorate of Survey and Settlement Chepauk, Chennai - 600 005.

5.The Tahsildar Alandur Taluk Office, 14, Dairy Farm Road, St.Thomas Mount Near Alandur Court, Chennai 600 016.

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6.The Special Tahsildar Revenue Follow up Works, Town Settlement Office 2nd Floor, 12th Zone, Corporation of Chennai Alandur, Chennai - 600 016.

7.Great Lakes Multi-State Cooperative Housing Society Limited, represented by its Chief Executive Officer, S.Sakthivel, S/o.Samuthiravelu No.76/190, South Car Street Srivilliputhur, Virudhunagar District.

8.R.Pankajam @ Pankajammal 9.The Revenue Divisional Officer, South Chennai Division, Guindy, Chennai 600 032.

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 3rd Respondent to consider the Revision Petition dated 05.12.2024 filed by the petitioner and the other co- owners seeking to be impleaded as a necessary party in the remanded enquiry proceedings with regard to the grant of patta in respect of the subject property comprised in Survey No. 6/3, old Survey No.16/18 in Alandur Town ward H block 20 and pass necessary orders thereon after giving the petitioner an opportunity of being heard in the matter.

For Petitioner : Mr.N.Ramakrishnan for ARK Law Associates For Respondents : Mr.A.Selvendran(For R1to R6) Special Government Pleader 2/8

ORDER

The Writ Petition has been filed for the following relief:- To direct the 3rd Respondent to consider the Revision Petition dated 05.12.2024 filed by the petitioner and the other co- owners seeking to be impleaded as a necessary party in the enquiry proceedings after remand with regard to the grant of patta in respect of the subject property comprised in Survey No. 6/3, old Survey No.16/18 in Alandur Town ward H block 20 and pass necessary orders thereon after giving the petitioner an opportunity of being heard in the matter. 2.The case of the petitioner is that by virtue of the orders of this Court in W.P.No.31799 of 2019 patta in respect of the subject property was restored in the name of the seventh respondent in TSLR register/patta subject to the outcome of the proceedings pending before the third respondent.

This order in the writ petition had came to be passed without making the petitioner a party to the proceedings and since the petitioner and other co-owners of the subject property were aggrieved by the order they had preferred a Revision Petition dated 05.12.2024 before the third respondent seeking to implead themselves as necessary parties in the enquiry and grant them an opportunity of being heard.

third respondent had refused to receive the Revision Petition stating that an interim stay had been granted by the First Bench in Writ Appeal No.170 of 2022. This appeal was filed by the seventh respondent challenging the order passed in W.P.No.19822 of 2018. Once again the petitioner is not a party to that Writ Appeal. The petitioner would submit that the Writ Appeal is being adjourned and the interim orders being extended. Therefore, the petitioner has come forward with the above Writ Petition since the said application is being kept pending. 3.Heard the learned counsels on either sides and perused the records. The learned Special Government Pleader takes notice on behalf of the respondents.

4.Taking into consideration, the Writ Petition is disposed of and a direction is issued to the third respondent to take on file the Revision Petition which is nothing but a petition to implead the petitioner as a party in the enquiry proceedings and pass orders after giving personal hearing to all concerned within a period of three weeks from the date of receipt of copy of this order. The above directions is issued since, any order that is to be passed would have a direct bearing on the petitioner. 4/8

5.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 5/8

1.The District Collector, Kancheepuram District, Kancheepuram 631 501.

2.The Director of Survey and Settlement Directorate of Survey and Settlement Chepauk, Chennai - 600 005.

3.The Settlement Officer/District Revenue Officer Directorate of Survey and Settlement Chepauk, Chennai - 600 005.

4.The Assistant Settlement Officer (North) Directorate of Survey and Settlement Chepauk, Chennai - 600 005.

5.The Tahsildar Alandur Taluk Office, 14, Dairy Farm Road, St.Thomas Mount Near Alandur Court, Chennai 600 016.

6.The Special Tahsildar Revenue Follow up Works, Town Settlement Office 2nd Floor, 12th Zone, Corporation of Chennai Alandur, Chennai - 600 016.

7.Great Lakes Multi-State Cooperative Housing Society Limited, represented by its Chief Executive Officer, S.Sakthivel, S/o.Samuthiravelu No.76/190, South Car Street Srivilliputhur, Virudhunagar District.

8.The Revenue Divisional Officer, South Chennai Division, Guindy, Chennai 600 032.

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P.T.ASHA , J, ep W.M.P.No.2947 of 2025 30.01.2025 7/8