P.Ranganathan v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.6721 of 2022 W.M.P.Nos.6806 & 6807 of 2022 1.P.Ranganathan 2.R.Muniyammal 3.R.N.Palani 4.R.Karunakaran 5.S.Loganayaki 6.R.Anjalatchi
...Petitioners
Vs.
1. The State of Tamil Nadu, Represented by its Chief Secretary to Government, Industries Department, Fort St.George, Chennai -600 009.
2. The District Collector, Kancheepuram District, Kancheepuram.
3. The Tahsildar, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.
4. The Managing Director, State Industries Promotion Corporation of Tamil Nadu Ltd, (SIPCOT), having office at No.19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.
5. The Special Tahsildar (Land Acquisition), SIPCOT, Sriperumbudur - Irungattukottai Scheme, Irungattukottai, Pillaipakkam, Sriperumbudur Taluk, Kancheepuram District.
6. The Chairman, TANGEDCO, No.100, Anna Salai, Chennai - 600 002.
7. The Assistant Engineer, TANGEDCO, SIPCOT, Mambakkam, Kancheepuram District - 602 106. ...Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to restore the Patta in the name of the petitioners 3 to 6 in respect of the lands comprised in Survey Nos.200/4, 200/5, 200/6, 200/7, 200/9, 200/10A, 200/10B, 200/12, 200/13, 200/14 and 200/16 measuring a total extent of 4 acres 59 cents situated in Mambakkam Village, Sriperumbudur Taluk, Kancheepuram District and conduct fresh enquiry after affording an opportunity to the petitioners by issuing proper notice. For petitioners : Mr.S.M.Loganathan For Respondents : Mr.V.Veluchamy Additional Government Pleader Mr.L.Jai Venkatesh ( for R.6 & R.7) Standing Counsel for TNEB
ORDER
The petitioner has filed this petition seeking direction to the the second respondent to restore the Patta in the name of the petitioners 3 to 6 in respect of the lands comprised in Survey Nos.200/4, 200/5, 200/6, 200/7, 200/9, 200/10A, 200/10B, 200/12, 200/13, 200/14 and 200/16 measuring a total extent of 4 acres 59 cents situated in Mambakkam Village, Sriperumbudur Taluk, Kancheepuram District and conduct fresh enquiry after affording an opportunity to the petitioners by issuing proper notice.
2.Mr.V.Veluchamy, learned Additional Government Pleader takes notice for the respondents 1 to 5. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3.The case of the petitioners is that they are the owners of the properties comprised in S.Nos.200/4, 200/5, 200/6, 200/7, 200/9, 200/10A, 200/10B, 200/12, 200/13, 200/14 and 200/16,
measuring a total extent of 4 Acres 59 cents, situated at Mambakkam Village, Sriperumbudur Taluk, Kancheepuram District. However, subsequently, without any notice to the petitioners, the Patta which stands in their names was transferred in favour of the third party. Challenging the same, for restoration of Patta, the present Writ Petition has been filed by the petitioners.
4.Though very many grounds have been raised, learned counsel for the petitioner submits that petitioners may be permitted to file an application before the third respondent for restoration of Patta and issue direction to the third respondent to dispose of the petitioners application within the time frame that may be fixed by this Court.
5.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, petitioners are permitted to file an application before the third respondent for restoration of Patta within a period of two weeks from the date of receipt of a copy of this order, if any such application is filed, the third respondent is directed to dispose of the petitioner's application within a period of six weeks, after affording an opportunity to the aggrieved persons.
6. Accordingly, this writ petition is disposed of with the aforesaid direction.
No costs.Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar tri/nhs To
1. The Chief Secretary to Government, The State of Tamil Nadu, Industries Department, Fort St.George, Chennai -600 009.
2. The District Collector, Kancheepuram District, Kancheepuram.
3. The Tahsildar, Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.
4. The Managing Director, State Industries Promotion Corporation of Tamil Nadu Ltd, (SIPCOT), having office at No.19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai - 600 008.
5. The Special Tahsildar (Land Acquisition), SIPCOT, Sriperumbudur - Irungattukottai Scheme, Irungattukottai, Pillaipakkam, Sriperumbudur Taluk, Kancheepuram District.
6. The Chairman, TANGEDCO, No.100, Anna Salai, Chennai - 600 002.
7. The Assistant Engineer, TANGEDCO, SIPCOT, Mambakkam, Kancheepuram District - 602 106.
+1cc to Mr.S.M.Loganathan, Advocate, S.R.No.19782 +1cc to Mr.L.Jaivenkatesh,Advocate, S.R.No.19997 +1cc to the Government Pleader, S.R.No.20660 W.P.No.6721 of 2022 W.M.P.Nos.6806 & 6807 of 2022 VBM(CO) RGA(01/04/2022)