M/S.Sree Metal Industries v. Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.01.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA W.P.Nos.7305 of 2022, 134 of 2020 and 27971 of 2019 and W.M.P.Nos.20067 of 2024 & 27565 of 2019 W.P.No.7305 of 2022 M/s.Sree Metal Industries, Rep. by its Managing Partner Anand Chandrasekaran, Plot No.21, SIDCO Women Industrial Park, Thirumullaivoyal, Chennai - 600 062.

...Petitioner

Vs.

1.Sub Registrar, Red Hills, No.2, Sothupakkam Road, Next to Sivan Kovil, Palavoyal, Red Hills, Chennai - 600 005.

2.Inspector General of Registration, 100, Santhome High Road, Mandavelipakkam, Chennai.

3.Chief Administration Officer, Air Force Station Avadi, 23ED, Air Force Station, DC-1, Avadi.

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4.The District Revenue Officer, Tiruvallur District.

5.The Commissioner of Police, Avadi, Chennai.

(R-4, R-5 suo motu impleaded dated 23.08.2023 made in W.P.No.7305/2022) ...Respondents Prayer: Writ Petition filed under Article 226 to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to register any documents presented with respect to Suit Schedule Property in Survey No.596/3A2A (as per Patta Survey No.596/15), Pammadhukulam Village and consequently direct the 3rd respondent to exclude the Suit Schedule Property from their records. For Petitioner :

Mr.Gowthaman, Senior Counsel for M/s.KNS Law Chambers For Respondents :

Mr.B.Vijay for R1, R2 & R4 Additional Government Pleader Mr.ARL.Sundaresan, ASGI assisted by Mr.K.Subbu Ranga Bharathi, CGC for R3 Mr.R.Vinoth Raja for R5 Government Advocate (Crl. Side) *** W.P.No.134 of 2020 S.Jeyakumar Rep. by his Power Agent M.H.Nishath Parveen

...Petitioner

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Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, North, Chennai, 1st Floor, Kurlagam, Esplanade Road, Chennai - 600 104.

3.The Sub-Registrar, No.44/5, Vallalar Street, Bye-Pass Road, Redhills, Chennai - 600 052.

4.Group Caption, Chief Administrative Officer, 23ED, Air Force, Air Force Station, Avadi, Chennai - 600 055.

5.The Tahsildar, Avadi Taluk, Tiruvallur District.

(R5 impleaded as per order dated 10.03.2020 made in W.M.P.No.6505/2020 in W.P.No.134/2020) 6.The Principal Secretary, Revenue Department, Fort St.George, Chennai - 600 009.

7.The Commissioner of Land Acquisition, Chepauk, Chennai - 600 005.

8.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Gandhi Irwin Road, 3/12

Chennai - 600 008.

9.The Commissioner, Survey and Settlement Department, Survey House, Chepauk, Chennai - 600 005.

10.The District Collector, Tiruvallur.

11.The Defence Estate Officer, Madras Circle, 206, Anna Salai, Teynampet, Chennai - 600 018.

(R6 to R11 Suo-motu impleaded vide order dated 01.02.2021 made in W.P.no.134/2020) 12.The District Revenue Officer, Tiruvallur District.

13.The Commissioner of Police, Avadi, Chennai.

(R-12, R-13 Suo motu impleaded dated 23.08.2023 made in W.P.No.134/2020) ...Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, to direct the 3rd respondent to consider the petitioner representation dated 14.12.2019 and to register the Plot No.185 bearing Survey No.597 situated at Pammadukulam Village, Avadi Taluk, Tiruvallur District.

For Petitioner :

Ms.Selvi George For Respondents :

Mr.B.Vijay for R1 to R3, R5 to R7, R9, R10 & R12 Additional Government Pleader 4/12

Ms.P.Veena Suresh for R8 Mr.R.Vinoth Raja for R13 Government Advocate (Crl. Side) Mr.ARL.Sundaresan, ASGI assisted by Mr.R.Rajesh Vivekananthan, SPC Bharathi, CGC for R4 & R11 *** W.P.No.27971 of 2019 Mr.Gangi Reddy

...Petitioner

Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, Chennai North, First Floor, Kuralagam Building, Esplanade Road, Chennai - 600 108.

3.The Sub-Registrar, Padiyanallur, Redhills, Chennai - 600 052.

4.Indian Air Force Represented by Gp.Capt. Mr.P.R.Prasad C Adm O, 23ED, AF, Air Force Station, Avadi, Chennai - 600 055.

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5.The Tahsildar, Avadi Taluk, Tiruvallur District.

6.Repco Bank, 1st Floor, GNT Road, Padiyanallur, Redhills, Chennai - 600 052.

7.The Principal Secretary, Revenue Department, Fort St.George, Chennai - 600 009.

8.The Commissioner of Land Acquisition, Chepauk, Chennai - 600 005.

9.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Gandhi Irwin Road, Chennai - 600 008.

10.The Commissioner, Survey and Settlement Department, Survey House, Chepauk, Chennai - 600 005.

11.The District Collector, Tiruvallur.

12.The Defence Estate Officer, Madras Circle, 206, Anna Salai, Teynampet, Chennai - 600 018.

(R7 to R12 Suo-motu impleaded vide order dated 01.02.2021 made in W.P.No.27971/2019) 13.The District Revenue Officer, Tiruvallur District.

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14.The Commissioner of Police, Avadi, Chennai.

(R-13, R-14 Suo motu impleaded dated 23.08.2023 made in W.P.No.27971/2019) ...Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, to direct respondent Nos.1 to 3 to register the sale deed of property measuring 1750 sq.ft. land together with house building comprised in Survey No.602/4B, Pammadukulam Village, Avadi Taluk, Tiruvallur District, to and in favour of any person(s) as petitioner desires within a fixed time frame.

For Petitioner :

Mr.A.K.Rajaraman For Respondents :

Mr.B.Vijay for R1 to R3, R5, R7, R8, R10, R11 & R13 Mr.ARL.Sundaresan, ASGI assisted by Mr.K.Srinivasamurthy, SPCGSC for R4 & R12 Mr.A.Ilangovan for R6 Ms.P.Veena Suresh, for CMDA/R9 Mr.R.Vinoth Raja for R14 Government Advocate (Crl. Side) 7/12

C O M M O N O R D E R Today when the matter is taken up for hearing, learned Additional Solicitor General of India has produced a combined sketch. The combined sketch showing the encroachment of the Defence Lands in S.Nos.596, 597, 598, 601 and 602 of Pammadukulam Village, Avadi Taluk, Tiruvallur District has been provided to the scrutiny of this Court. 2.In the said sketch, S.No.596/3A2A is the subject matter of W.P.No.7305 of 2022, S.No.597/87A is the subject matter of W.P.No.134 of 2024 and S.No.602/4B is the subject matter of W.P.No.27971 of 2019 are not Defence Lands and on instructions, learned Additional Solicitor General of India would submit that they have no objection to the registration of the documents in respect of these lands as shown in the combined sketch. 3.The combined sketch submitted by the Additional Solicitor General of India is taken on file and the same shall form part of the common order. 8/12

4.Recording the same, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 06.01.2025 Index : Yes/No Speaking Order : Yes/No : Yes/No pam To 1.The Sub Registrar, Red Hills, No.2, Sothupakkam Road, Next to Sivan Kovil, Palavoyal, Red Hills, Chennai - 600 005.

2.Inspector General of Registration, 100, Santhome High Road, Mandavelipakkam, Chennai.

3.Chief Administration Officer, Air Force Station Avadi, 23ED, Air Force Station, DC-1, Avadi.

4.The District Revenue Officer, Tiruvallur District.

5.The Commissioner of Police, Avadi, Chennai.

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6.The District Registrar, North, Chennai, 1st Floor, Kurlagam, Esplanade Road, Chennai - 600 104.

7.The Sub-Registrar, No.44/5, Vallalar Street, Bye-Pass Road, Redhills, Chennai - 600 052.

8.Group Caption, Chief Administrative Officer, 23ED, Air Force, Air Force Station, Avadi, Chennai - 600 055.

9.The Tahsildar, Avadi Taluk, Tiruvallur District.

10.The Principal Secretary, Revenue Department, Fort St.George, Chennai - 600 009.

11.The Commissioner of Land Acquisition, Chepauk, Chennai - 600 005.

12.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Gandhi Irwin Road, Chennai - 600 008.

13.The Commissioner, Survey and Settlement Department, Survey House, Chepauk, Chennai - 600 005.

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14.The District Collector, Tiruvallur.

15.The Defence Estate Officer, Madras Circle, 206, Anna Salai, Teynampet, Chennai - 600 018.

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P.T.ASHA, J.

pam W.P.Nos.7305 of 2022, 134 of 2020 and 27971 of 2019 06.01.2025 12/12