S.Kanchana v. The Sub - Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5421 of 2025 and W.M.P.Nos.5970 & 5971 of 2025 S.Kanchana ... Petitioner Vs.

1.The Sub-Registrar, Chennai South Joint I, 9, Jeenis Road, Saidaper, Chennai - 600 015.

2.The Deputy Tahsildar, Old Mahabalipuram Road, TNHB, Sholinganallur, Chennai 600 119.

4.The Revenue Divisional Officer, South Chennai Division, Anna Salai, Guindy, Chennai 600 032.

5.The District Revenue Officer, District Collector's Office, Rajaji Salai, Chennai - 01.

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6.The District Collector, No.62, Rajaji Salai, 4th Floor, Beach Road, Chennai - 600 001.

7.A.Radhakrishnan 8.M.Muthuraj 9.K.Sivakumar 10.Vijayakumar 11.V.Usharani 12.R.Divya 13.The Commissioner, The Greater Chennai Corporation, Rippon Building, Poonamallee High Road, Chennai 600 003.

14.The Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, 01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai, Tamil Nadu 600 008.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order of the 4th respondent in Se.Mu.No.A2/3339/2024 dated 12.12.2024 issued on 03.01.2025 and quash the same and consequently direct the 4th respondent to restore the patta in the name of petitioner in Patta No. 4474 in relation to the schedule property.

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For Petitioner : Mr.M.Hariharan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R6 Mr.P.Prithvi Chopda for R13

O R D E R

This writ petition has been filed challenging the impugned proceedings of the 4th respondent dated 12.12.2024 and for a consequential direction to the 4th respondent to restore the patta in the name of the petitioner with respect to the subject property.

2.Heard Mr.M.Hariharan, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 6 and Mr.P.Prithvi Chopda, learned counsel appearing on behalf of the 13th respondent.

3.It is brought to the notice of this Court that the petitioner has filed an appeal before the District Revenue Officer and a notice has been issued for enquiry on 3/6

18.02.2025. In view of the same, it will be left open to the petitioner to agitate her rights before the District Revenue Officer and raise all the grounds which shall be considered on its own merits and in accordance with law and a final decision will be taken after giving opportunity to all parties concerned. The 5th respondent viz., the District Revenue Officer, Chennai shall pass final orders, within a period of eight weeks from the date of receipt of copy of this order. In the meantime, if any encumbrance is made by the respondents 7 to 12, it will be subject to the result of the decision to be taken by the 5th respondent and no one can claim advantage of the alienation of the property, since such alienation is made only based on the orders passed by the 4th respondent. This direction will sufficiently safeguard the interest of the petitioner.

4.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petitions are closed. 17.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 4/6

To 1.The Sub-Registrar, Chennai South Joint I, 9, Jeenis Road, Saidaper, Chennai - 600 015.

2.The Deputy Tahsildar, Old Mahabalipuram Road, TNHB, Sholinganallur, Chennai 600 119.

4.The Revenue Divisional Officer, South Chennai Division, Anna Salai, Guindy, Chennai 600 032.

5.The District Revenue Officer, District Collector's Office, Rajaji Salai, Chennai - 01.

6.The District Collector, No.62, Rajaji Salai, 4th Floor, Beach Road, Chennai - 600 001.

7.The Commissioner, The Greater Chennai Corporation, Rippon Building, Poonamallee High Road, Chennai 600 003.

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N. ANAND VENKATESH, J.

ssr 8.The Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, 01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai, Tamil Nadu 600 008.

W.P.No.5421 of 2025 and W.M.P.Nos.5970 & 5971 of 2025 17.02.2025 6/6