G.Sowmiya, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.12671 of 2018, 16451 and 16453 of 2021 G.Sowmiya Rep. by her power agent M.A.Chithiraiputhiran ... Petitioner in W.P.10727/2018 Sowmya Represented by her power agent V.P.Raman ... Petitioner in W.P.15531/2021 Vs.

State rep. by 1.District Collector, Kanchipuram District, Kanchipuram.

2.Revenue Divisional Officer, Tambaram, Chennai.

3.Thasildhar, Tambaram Taluk, Tambaram, Chennai.

4.S.Kathirvelu 1/8

5.The Chennai Metropolitan Co-operative Housing Society Ltd., Rep. by its Secretary, V.Nithyanandam, No.50, Ritherdon Road, Vepery, Chennai - 600 007.

6.A.G.S.Colony Welfare Association Rep. by its President, Dr.P.Ravikumar ... Respondents in W.P.10727/2018 1.District Revenue Officer, Kancheepuram District, Vedachalam Nagar Extension, Gem Nagar, Kanchipuram - 631 502.TN.

2.District Revenue Officer, Chengalpattu District, VOC Nagar, Chengalpattu - 603 001.

3.Dr.M.S.Kadhirvelu 4.Tr.P.M.Thiruvengadam 5.Tr.P.Ravikumar 6.M/s.Bhargava Foundation Pvt Ltd, 7.Tr.K.Asokan 8.Tmt.Amudha Sundar 9.M.Saraswathy 10.K.Manga 11.S.Devi 12.A.Kandasamy 13.V.Kumaravadivel 14.S.Gurusamy 15.A.Arulvijayan 16.K.Ramakrishna 17.C.Dhanalakshmi 18.S.Avudaiappan 2/8

19.Mahendrababu 20.P.Navaneetha Krishnan ... Respondents in W.P.15531/2021 Prayer in W.P.No.10727 of 2018:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents R1 to R3 to restore the name of petitioner's principal Mrs.G.Sowmiya in all the revenue records, like patta, chitta, village register's etc., with respect of properties situating of survey Nos.400 and 405/3 of Perungalathur Village, Tambaram Taluk, Kancheepuram District in terms of the petitioner's representation dated 11.04.2018. Prayer in W.P.No.15531 of 2021:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for records pertaining to Impugned order issued by the 1st Respondent in its order dated 13.07.2017 bearing Na.Ka.No.26349/2013/No3 passed by the 1st Respondent and to quash the same as illegal, arbitrary and unreasonable, violative of principles of natural justice and consequently direct the 2nd Respondent to make appropriate entries in favour of the petitioner.

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For Petitioners : No Appearance in W.P.No.10727 of 2018 Mr.J.Selvarajan in W.P.No.15531 of 2021 For Respondents : Mr.U.Baranidharan for R1 to R3 Additional Government Pleader Mr.A.Govindasamy for R5 Mr.S.Sandeep for R6 in W.P.No.10727 of 2018 Mr.U.Baranidharan for R1 and R2 Additional Government Pleader Mr.A.Govindasamy for R5, R8, R9, R10, R11, R14, R16, R17, R18 Mr.P.Sivamani for R7 in W.P.No.15531 of 2021 C O M M O N O R D E R Since the issue involved in both these writ petitions are related to each other, they are heard together and disposed of by way of a common order.

2.The case of the petitioner in W.P.No.10727 of 2018 is that the petitioner made representation to the Revenue Officials to restore the name of the petitioner's principal Mrs.G.Sowmiya in all the revenue records, like patta, chitta, village register's etc., with respect to the properties situated in Survey Nos.400 and 405/3 of Perungalathur 4/8

Village, Tambaram Taluk, Kancheepuram District, however, the same was not considered. Hence, the writ petition. 3.The case of the petitioner in W.P.No.15531 of 2021 is that the petitioner made representation to the Revenue Officials seeking mutation of revenue records, however, her request was rejected. Challenging the same, the petitioner has filed the writ petition. 4.No one appeared on behalf of the petitioner in W.P.No.10727 of 2018.

5.The learned counsel appearing for the petitioner in W.P.No.15531 of 2021 submitted that the petitioner has already filed O.S.No.153 of 2015 before the District Munsif Court, Tambaram and the same is pending. Hence, this Court, without going into the merits of the case, may permit the petitioner to adjudicate all the points before the civil Court where the civil suit is pending. 6.In view of the above, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioner to 5/8

adjudicate all the points before the District Munsif Court, Tambaram, in O.S.No.153 of 2015. Both the parties are at liberty to file appropriate application before the competent civil Court. The District Munsif Court, Tambaram, is directed to decide the suit in O.S.No.153 of 2015, without being influenced by any of the observations made in the order dated 13.07.2017 issued by the first respondent in Na.Ka.No.26349/ 2013/No3.

7.With the above observations and liberty, these writ petitions are dismissed. No costs. Consequently the connected miscellaneous petitions are closed.

28.11.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 6/8

To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Revenue Divisional Officer, Tambaram, Chennai.

3.The Thasildhar, Tambaram Taluk, Tambaram, Chennai.

4.The Chennai Metropolitan Co-operative Housing Society Ltd., Rep. by its Secretary, V.Nithyanandam, No.50, Ritherdon Road, Vepery, Chennai - 600 007.

5.The District Revenue Officer, Kancheepuram District, Vedachalam Nagar Extension, Gem Nagar, Kanchipuram - 631 502.TN.

6.The District Revenue Officer, Chengalpattu District, VOC Nagar, Chengalpattu - 603 001.

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M.DHANDAPANI,J.

pri W.P.Nos.10727 of 2018 and 15531 of 2021 And W.M.P.Nos.12671 of 2018, 16451 and 16453 of 2021 28.11.2022 8/8