D.Suganthi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE M.DHANDAPANI W.M.P.Nos.2315, 2318, 2326 & 2327 of 2022 and W.P.Nos.2155 & 2161 of 2022 D.SUGANTHI ... PETITIONER in WMP Nos.2315 of 2022 WIFE OF DINAKARAN & 2318 of 2022 AND D/O. SIVAPRAKASAM AND VASANTHA, MALLAPADI VILLAGE AND POST, NEAR RICE MILL, BURGUR TALUK, KRISHNAGIRI DISTRICT.

S.UMA MAHESWARI ... PETITIONER in WMP Nos.2326 of 2022 WIFE OF SIVAKUMAR & 2327 of 2022 AND D/O.SIVAPRAKASAM AND VASANTHA 188/2 VOC NAGAR RANIPETTAI POST RANIPETTAI TALUK AND DISTRICT 632401.

Vs 1 THE DISTRICT COLLECTOR, [ RESPONDENTS IN ALL THE PETITIONS] DHARMAPURI DISTRICT, DHARMAPURI.

2 THE DISTRICT REVENUE OFFICER, DHARMAPURI DISTRICT, DHARMAPURI.

3 THE TAHSILDAR, PAPPIREDDIPATTI TALUK, DHARMAPURI DISTRICT.

4 V.KUMAR, SON OF VAJRAM, KOTTAIYUR VILLAGE, JAMMANAHALLI POST, PAPPIREDDIPATTI TALUK, DHARMAPURI DISTRICT.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to

1. WMP No.2315 of 2022 in WP.No.2155 of 2022 To grant an order of interim injunction restraining the respondent authorities from interfering with the possession and enjoyment of the petitioner in respect of all that punja land measuring an extent of 0.22 cents, comprised in S.No.172/1C, Jammanahalli Post, Pappireddipatti Taluk, Dharmapuri District on the basis of the impugned order 18.12.2021 Ref.No.Pa.Mu. 17823/2016/Pa2 passed by the 2nd respondent pending disposal of the main writ petition.

2. WMP No.2318 of 2022 in WP.No.2155 of 2022 To stay the operation of the impugned order 18.12.2021 Ref.No.Pa.Mu.17823/2016/Pa2 passed by the 2nd respondent pending disposal of the main writ petition.

3. WMP No.2326 of 2022 in WP.No.2161 of 2022 To grant an order of interim injunction restraining the respondent authorities from interfering with the possession and enjoyment of the petitioner in respect of all that punja land measuring an extent of 0.22 cents, comprised in S.No.172/1C, Jammanahalli Post, Pappireddipatti Taluk, Dharmapuri District on the basis of the impugned order 18.12.2021 Ref.No.Pa.Mu.17823/2016/Pa2 passed by the 2nd respondent pending disposal of the main writ petition.

4. WMP No.2327 of 2022 in WP.No.2161 of 2022 To stay the operation of the impugned order 18.12.2021 Ref.No.Pa.Mu.17823/2016/Pa2 passed by the 2nd respondent pending disposal of the main writ petition.

Order : These miscellaneous petitions coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.RAMESH RAJA, Advocate for the petitioner in each the petitions and of MR.G.NANMARAN, SPECIAL GOVERNMENT PLEADER on behalf of the Respondents in all the petitions, the court made the following order:- The learned counsel for the petitioners submitted that, they are the owners of the property in Survey No.172/1C & 172/1D and they have acquired the same through settlement deed dated 12.02.2010. However, without impleading the petitioners as parties, the 4th respondent has filed an appeal before the 2nd respondent, for the cancellation of patta in respect of land comprised in S.No.172/1E and without hearing the petitioners herein, the 2nd respondent vide his order dated 18.12.2021 canceled the patta in favour of the petitioners.

2. Considering the prima facie case, there shall be an order of interim stay as prayed for and in view of the order passed in the interim stay petition, interim injunction petitions are closed.

3.Notice to the respondents returnable by two weeks. -sd/- 08/02/2022 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DISTRICT COLLECTOR, DHARMAPURI DISTRICT, DHARMAPURI.

2 THE DISTRICT REVENUE OFFICER, DHARMAPURI DISTRICT, DHARMAPURI.

3 THE TAHSILDAR, PAPPIREDDIPATTI TALUK, DHARMAPURI DISTRICT.

Order in W.M.P.Nos.2315, 2318, 2326 & 2327 of 2022 and W.P.Nos.2155 & 2161 of 2022 Date :08/02/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 17/02/2022