← Library
Madras High CourtWP/30491/2012disposed of

M/S.Shri Krishna Builders, v. The District Collector

2022-02-23Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.30491 of 2012 and W.M.P.Nos.2, 3, 4 & 5 of 2015 Shri Krishna Builders Rep. By its Managing Partner Mr.P.Nandakumar Madura Gardens, Old No.491, New No.15, Poonamallee High Road, Maduravoyal, Chennai - 95.

... Petitioners Vs.

1. The District Collector, Thiruvallur District, Office of the District Collector, Thiruvallur District.

2. The Revenue Divisional Officer Ambattur, Office of the Revenue Divisional Officer at Ambattur, Thiruvallur District.

3. The Tahsildar Ambattur Taluk, Office of the Tahsildar Ambattur Taluk, Ambattur, Thiruvallur District.

4. P.N.Nagaraj

5. The Tahsildar, Maduravoyal, O/O The Tahsildar Maduravoyal Taluk, Gangai Amman Koil Street, Alapakkam, Chennai-600 116.

6.S.Ganesan 7.Sunil Jitendra ... Respondents (R5 to R7 Impleaded vide order dated 23.02.2022 Made in MP.1/15) Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in proceeding bearing Na.Ka.851/2012/A5 dated 18.10.2012 pertaining to the

cancellation of Patta granted in favour of the petitioner Company regarding the property situated at Ambattur TalukMaduravoyal Village Survey No.127/5A2, Acre 0.58 Cents and quash the same as the very same matter is pending before Civil Court and consequently restrain the 3rd respondent from any manner implementing the impugned order of the 2nd respondent. For Petitioner : Mr.A.Palaniappan For R1 to R3 : Mr.M.Murali Government Advocate

ORDER

This Writ petition has been filed seeking for a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in proceeding bearing Na.Ka.851/2012/A5 dated 18.10.2012 pertaining to the cancellation of Patta granted in favour of the petitioner Company regarding the property situated at Ambattur Taluk-Maduravoyal Village Survey No.127/5A2, Acre 0.58 Cents and quash the same as the very same matter is pending before Civil Court and consequently restrain the 3rd respondent from any manner implementing the impugned order of the 2nd respondent.

2. The case of the petitioner is that, the petitioner firm owns the land in S.No.127/5A2 and the then Tahsildar granted patta in favour of the petitioner. While so the 4th respondent filed a Suit in O.S.No.115 of 2009 seeking for declaration and for vacant possession of the property. During the pendency of the said Suit, the 4th respondent had given Power of Attorney to one B.Thiyagu in respect of the same property and the said Thiyagu made a representation dated 25.01.2012 before the 2nd respondent for cancellation of the said patta. Since, the said representation was not considered, he filed a Writ Petition in W.P.No.3961 of 2012 and this Court vide its order dated 21.02.2012 issued direction to the 2nd respondent herein to consider the representation of the petitioner therein and pass orders after affording opportunity to the petitioner herein. In compliance with the said order, the present impugned order was passed, cancelling the patta granted by the then Tahsildar in favour of the petitioner firm. Challenging the same the present Writ Petition is filed.

3. The learned counsel for the petitioner submits that the 4 th respondent filed a Suit in O.S.No.115 of 2009 on the file of the District Munsif Court, Poonamallee, for declaration and vacant possession of the said property and the said suit was dismissed on 12.09.2013. However, prior to that, the present impugned order was passed without providing adequate opportunity

of hearing the petitioner. Hence, he submitted that, this Court may quash the said impugned order dated 18.10.2012 passed by the 2nd respondent.

4. The learned counsel for the respondents submit that as against the order passed by the 2nd respondent there is an effective remedy before the District Revenue Officer and without availing such benefit available under the Patta Passbook Act, filing the present Writ Petition is not sustainable.

5. Heard learned counsel appearing on either side and perused the materials available on record.

6. Facts in the present case are not in dispute. Admittedly, the patta was granted in favour of the petitioner firm by the then Tahsildar and it is true that the 4th respondent's Power of Attorney Agent approached the Revenue Divisional Officer for cancelling the said patta, instead of approaching the Tahsildar. However, since, the RDO has not passed any order, he filed the Writ Petition in W.P.No.3961 of 2012 and the RDO has passed the said order dated 18.10.2012 only in pursuance of the order dated 21.02.2012 of this Court. As per the Act, as against the order passed by the Appellate Authority, there is a provision available under Section 13 of the Act before Revisional Authority and without exhausting the said remedy, filing the present Writ Petition is not sustainable.

7. For the reasons aforesaid, the Writ Petition is dismissed. However, petitioner is at liberty to file appropriate Revision Petition before the District Revenue Officer within a period of 4 weeks from the date of receipt of a copy of this order. If such petition is filed, DRO is directed to consider the same and pass order within a period of 12 weeks thereafter. The Registry is directed to return the original impugned order dated 18.10.2012, enabling the petitioner to file appropriate Revision Petition. The period of pendency of this petition before this Court shall stand excluded for the purpose of computing the limitation.

8. Interim order already granted by this Court is extended for a further period of 4 weeks, enabling the petitioner to file the Review Petition.

No costs. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

rap/skt To

1. The District Collector, Thiruvallur District, Office of the District Collector, Thiruvallur District.

2. The Revenue Divisional Officer Ambattur, Office of the Revenue Divisional Officer at Ambattur, Thiruvallur District.

3. The Tahsildar Ambattur Taluk, Office of the Tahsildar Ambattur Taluk, Ambattur, Thiruvallur District.

4. The Tahsildar, Maduravoyal, O/O The Tahsildar Maduravoyal Taluk, Gangai Amman Koil Street, Alapakkam, Chennai-600 116.

Copy To:

1.The District Revenue Officer, Thiruvallur District.

2.The Section Officer, E.R Section, High Court, Madras.

+1cc to M/s.A.Palaniappan, Advocate, S.R.No.12715 +1cc to the Special Government Pleader, S.R.No.12301 W.P.No.30491 of 2012 RP(CO) SB(19/04/2022)