Dr.M.L.Jagadeesan v. The Collector Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.13723 of 2021 and W.M.P.Nos.14564, 14565 and 14567 of 2021
1. Dr.M.L.Jagadeesan
2. Dr.J.Saravanan
3. J.Arul Kumaran
4. Mrs.S.Radhika
...Petitioners
Vs.
1. The Collector of Chennai, South Line Beach Road, Chennai - 600 001.
2. The Revenue Divisional Officer, Tondiarpet, Chennai - 600 081.
3. The Settlement Tahsildar, Thiruvottiyur Town Land Survey Scheme, Poonthota Street, Thiruvottiyur, Chennai - 600 019.
4. The Tahsildhar Thiruvottiyur, Thiruvottiyur Taluk, Thiruvottiyur Chennai - 600 019.
5. The Tahsildar Madhavaram, Chennai.
6. M/s S.V.S Oil Mills, Represented by its Partner, Mr.S.V.Chandrapandian, No.8/12, T.H.Road, Chennai - 600 019.
7. W.G.Kalyanasundaram
8. Sub Registrar, Tiruvottiyur, @ Thiruvottiyur.
9. K.Punithavathi
10. Venkatesan
11. G.Chellappan
12. Dr.W.G.Pankajavalli
13. S.Prasanth
14. S.Radika
15. W.G.Vijayakumari
16. Vanitha,
17. Kavitha
18. Shanmugam
19. W.G.Devamanohari
20. Rajeswari
21. Deivanayagam @ Deivanayaki
22. Sivasankaran
23. Sambamurthi @ Sambasivam
24. Umasankaran
25. Rukmaniammal
26. Chandran
27. Jijibai
28. Geetha
29. Padmini @ Sathyabhama
30. Rajasekaran
31. Rani Ammal
32. S.Saroja
33. W.S.Kumar
34. Kalpana
35. Latha
36. Anitha
37. W.S.Jothi
38. W.S.Ravichandran
39. J.Mohana Santhi
40. B.Jamuna
41. S.Mahalakshmi
42. B.Rathinamala
43. B.Rathinamala
44. M.Jaya Shankar @ Babu
45. M.Jayakanth
46. S.Pramila
47. Mala @ Nirmala
48. C.Chandrasekaran
49. C.Sethuraman
50. C.Gunabhooshani
51. C.Vijaya Lakshmi
52. C.Leelavathy
53. C.Hemalatha
54. C.Anandhi
55. D.Sridharan
56. V.Veerammal @ Vimala
57. Pushpaveni
58. K.Samundeeswari
59. P.Venkatachalapathy
60. R.Ranjani
61. W.R.Kuppuraj
62. J.Mohana Sundari
63. B.Kalaivani
64. V.Nirmala
65. R.Revathi
66. W.S.Suguna
67. T.D.Hemalatha
68. T.D.Suresh Babu
69. S.Shanmugapriyan
70. S.Kannagi
71. W.S.Elango
72. W.S.Shantakumar
73. C.Malarvizhi
74. D.Kalyani
75. W.S.Suresh
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to expeditiously send the detailed report called for by the 2nd respondent on the representation dated 24.08.2020 read along with the written statement submitted on 07.12.2020 by the petitioners and consequently direct the 2nd respondent to pass final order on the same.
For Petitioners : Mr.K.S.Govindaprasad For R1 to R5 : Mr.Yogesh Kannadasan Government Advocate For R6 : Mr.J.Kalidas
ORDER
This Writ Petition has been filed to direct the 3rd respondent to expeditiously send the detailed report called for by the 2nd respondent on the representation dated 24.08.2020 read along with the written statement submitted on 07.12.2020 by the petitioners and consequently direct the 2nd respondent to pass final order on the same.
2. The grievance of the petitioners is that the application filed by the petitioners seeking to cancel the Patta relating to the property to an extent of 2 acres and 4 cents comprised in S.No.222/1 of Sathangadu Village, Block No.27 T.S.No.77, 78 issued in the name of W.S.Seshachala Gramani is pending with the 2nd respondent Revenue Divisional Officer. Pending application, the 2nd respondent directed the 3rd respondent to conduct an enquiry and submit his report. Subsequently, the enquiry was conducted and the petitioners have also submitted their contentions. Thereafter, the 3rd respondent has not sent any report to the 2nd respondent to conduct further enquiry and pass orders. Hence, the present Writ Petition has been filed by the petitioners.
3. When the matter was taken up for hearing on 02.07.2021, this Court directed the Learned Government Advocate to get instructions from the 3rd respondent whether any report has been sent to the 2nd respondent in respect of the petitioners' application. Accordingly, when the matter is called today, i.e. 07.09.2021, the Learned Government Advocate has produced a Letter dated 08.07.2021 in Na.Ka.No.144/2020/SI sent by the 3rd respondent Settlement Tahsildar, wherein, it is stated that the petitioners' counsel namely Thiru.Daniel appeared before the 3rd respondent and given a representation in respect of the petitioners' case. Based on the said representation, a letter has been sent to Mrs.W.S.Sarojini Ammal to appear for an enquiry at 3.30 p.m. on 12.07.2021 and Mrs.Uma Subramaniam on 14.07.2021.
In the meanwhile, a corresponding file has been received from the Thiruvottiyur Tahsildar on 06.07.2021, and pursuant to which, the 3rd respondent is preparing a report based on the documents which were already submitted by Mrs.W.S.Sarojini Ammal, and he will submit the report to the 2nd respondent Revenue Divisional Officer within 10 days.
4. The above letter was sent by the 3rd respondent on 08.07.2021 and the Learned Government Advocate is not able to state that whether the report has been submitted to the 2nd respondent as stated in the said letter. Hence, this Court is inclined to direct the 3rd respondent to submit his report to the 2nd respondent, if it is not already submitted, within the time to be fixed by this Court.
5. Accordingly, the 3rd respondent is directed to submit his report on the petitioners' application to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said report, the 2nd respondent is directed to conduct an enquiry and pass appropriate orders after affording an opportunity to the parties including the 6th respondent to put forth their defence, within a period of three months from the date of receipt of the report.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar raja To
1. The Collector, South Line Beach Road, Chennai - 600 001.
2. The Revenue Divisional Officer, Tondiarpet,Chennai - 600 081.
3. The Settlement Tahsildar, Thiruvottiyur Town Land Survey Scheme, Poonthota Street, Thiruvottiyur,Chennai - 600 019.
4. The Tahsildhar, Thiruvottiyur Taluk, Thiruvottiyur,Chennai - 600 019.
5. The Tahsildar, Madhavaram, Chennai.
+1cc to Mr.Mr.J.Kalidas, Advocate, S.R.No.45289 +1cc to Mr.D.Daniel, Advocate, S.R.No.45626 +1cc to the Government Pleader, S.R.No.45892 W.P.No.13723 of 2021 and W.M.P.Nos.14564, 14565 and 14567 of 2021 PVS[co] NSK 26/10/2021