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Madras High CourtWP/13441/2024disposed of

M.Kaviarasu, v. The Revenue Divisional Officer,

2024-06-25Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.13441 of 2024 and W.M.P.Nos.14599, 14600 & 14601 of 2024 1.M.Kaviarasu 2.M.Jayakumar 3.Vasantha Gangadharan 4.M.Kasthuri ..... Petitioners -Versus1.The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District 602 105.

2.The President, Thandalam Town Panchayat Union, Thandalam Village, Sriperumbudur Taluk, Kancheepuram District 602 105.

3.The Project Director, District Rural Development Agency, Collectorate, Kanchipuram 602 105.

4.The Block Development Officer (VP), Sriperumbudur Block, Sriperumbudur, Kancheepuram District 602 105.

5.The Tahsildar, Sriperumbudur Taluk, Kancheepuram District 602 105.

6.The District Revenue Officer and Additional District Administration Magistrate, Kancheepuram District 631 501.

..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to conduct an enquiry and pass a revised order in the impugned proceedings bearing Number 3459/2013/A2 dated 27.05.2014 in a time-bound manner and consequently forbear the respondents from using in any manner whatsoever the Grama Natham land measuring 16 cents comprised in S.No.316/1 situated at Chettipattu Village (hamlet of Mevallurkuppam-B Village), Sriperumbudur Taluk, Kancheepuram District and lying within the Sub-Registration District of Sriperumbudur and Registration District of Chengalpattu, until the disposal of the proceedings bearing No.3459/2013/A2.

For Petitioner(s) : Mr.J.Lenin For Respondent (s) : Mr.P.Sathish, AGP for RR1, 3, 5 & 6 Mr.J.C.Durairaj, AGP for RR 2 & 4

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus directing the 1st respondent to conduct an enquiry and pass a revised order in the

impugned proceedings bearing No.3459/2013/A2 dated 27.05.2014 in a timebound manner and consequently forbear the respondents from using in any manner whatsoever the Grama Natham land measuring 16 cents comprised in S.No.316/1 situated at Chettipattu Village (hamlet of Mevallurkuppam-B Village), Sriperumbudur Taluk, Kancheepuram District and lying within the Sub-Registration District of Sriperumbudur and Registration District of Chengalpattu, until the disposal of the proceedings bearing No.3459/2013/A2.

2. It is the case of the petitioners that a piece of land measuring an extent of 5 cents comprised in S.No.316 (part) situated at Mevallurkuppam Village, Sriperumbudur Taluk was purchased by petitioners 1 and 2 jointly along with their father-Mukundhan from one M.A.Abdul Khader through a sale deed dated 10.12.1982 registered as Doc.No.7399 of 1982 on the file of the Sub-Registrar, Sriperumbudur. Patta for the property in S.No.316/1 (old S.NO.316) was, however, issued in the name of their father. Their father died intestate on 02.04.2007.

3. While so, based on some representation given by the President of Thandalam Town Panchayat, the patta stood in the name of their father had been cancelled. The petitioners subsequently came to know about the cancellation of patta. Thereupon, they filed an appeal to the 6th respondent. The 6th respondent passed an order holding that no inquiry was conducted before

cancelling the patta directing the Revenue Divisional Officer to pass a revised order after conducting enquiry. In the meanwhile, pending patta proceedings in proceedings No. 3459/2013/A2 dated 27.05.2014, the respondents 2 to 4 made an attempt to construct a park for public purpose in the subject land without any authority. Hence, this petition.

4. Heard both sides and perused the available records carefully.

5. Considering the pendency of the patta proceedings and the nature of the relief sought for in the writ petition, without going into the merits of the case, the 1st respondent is directed to conduct a proper inquiry pursuant to the directions of the 6th respondent dated 09.09.2020 in Na.Ka.No.4034/2017/A2 and conclude the patta proceedings in No.3459/2013/A2 dated 27.05.2014 in accordance with law. If enquiry had already already conducted and concluded and orders have also been passed, a copy of the order shall be furnished to the petitioners. If no enquiry has been conducted till date, the petitioners shall be given an opportunity of hearing and thereafter, the 1st respondent shall pass appropriate orders on the patta proceedings on merits. The above said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

This writ petition is disposed of accordingly with the above directions.

No costs. Consequently, connected WMPs are closed. Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District 602 105.

3.The Project Director, District Rural Development Agency, Collectorate, Kanchipuram 602 105.

4.The Block Development Officer (VP), Sriperumbudur Block, Sriperumbudur, Kancheepuram District 602 105. 5.The Tahsildar, Sriperumbudur Taluk, Kancheepuram District 602 105. 6.The District Revenue Officer and Additional District Administration Magistrate, Kancheepuram District 631 501.

N.SATHISH KUMAR.J., kmk Writ Petition No.13441 of 2024