Miss. S. Bhuvana v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 07-08-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.24228 OF 2015 S.Bhuvana ...
Petitioner -vs1.The District Revenue Officer, Office of Chennai Collectorate, Chennai District, Chennai-600 001.
2.The Tahsildar, Perambur Taluk, Chennai.
3.Deepak H.Mehta ...
Respondents Writ Petition has been filed, praying for issuance of a writ of mandamus, directing the second respondent to pass final orders on the patta cancellation proceedings initiated by the first respondent in Na.Ka.No.04/14856/2014, dated 07.08.2014. For petitioner : Mr.M.V.Muralidharan For respondents 1 & 2 : Mr.S.Pattabiraman, Govt.Advocate.
O R D E R
By consent, the Writ Petition is taken up for final disposal.
2. The petitioner and 22 others are said to have owned the lands at Selavoyal Village, as follows :
(i) S.No.101 - 44 Cents (ii) S.No.102 - 57 Cents (iii) S.No.103 - 11 Cents (iv) S.No.104/115 Cents (v) S.No.104/2 - 1.72 Cents (vi) S.No.153/116 Cents (vii) S.No.153/2A83 Cents (viii) S.No.93 - 60 Cents
3. According to the petitioner, one M.R.Dharmalingam, a land developer and real estate broker, has managed to get the General Power of Attorney in Document No.543/BkIV of 1990, dated
20.08.1990, on the file of Sub-Registrar's Office, Sembium from Mariyammal, Velu, Veerasamy, Thyagarajan, Muniyammal, Chinnammal, Naganeedham and Jayalakshmi @ Durgaiammal and started executing various sale deeds in favour of third parties and the said documents are not binding on the legal heirs. The petitioner would also state that the second respondent has illegally effected changes in the transfer of patta proceedings, dated 28.06.2004. The persons, who allegedly illegally purchased, also filed suit in O.S.No.5253 of 2013 on the file of VIII Assistant City Civil Court, Chennai, and also I.A.No.14144 of 2014, for interim orders, and the same were dismissed. The petitioner is having the benefit of interim orders, dated 17.03.2015, passed in O.A.No.285 of 2015 in C.S.No.206 of 2015 on the file of this Court.
In this regard, the petitioner also submitted representations, dated 03.06.2014, 18.09.2014 and 28.10.2014 to the District Collector of Chennai District, who, vide a letter, dated 22.12.2014, directed the second respondent herein to send a detailed report as well as the relevant files, and since nothing has happened so far, the petitioner has come forward to file this Writ Petition.
4. Heard Mr.M.V.Muralidharan, learned counsel for the petitioner; and Mr.S.Pattabiraman, learned Government Advocate, who accepted notice on behalf of respondents 1 and 2.
5. This Court, taking into consideration the limited scope of the prayer, without going into the merits of the case, directs the second respondent to furnish a report as well as the particulars sought for by the first respondent, in terms of the letter in Na.Ka.No.J4/14856/2014, dated 22.12.2014, to the first respondent, within four weeks from the date of receipt of a copy of this order, and the first respondent, on receipt of the same, is directed to consider the same and pass appropriate orders in accordance with law, after putting the third respondent on notice, within six weeks thereafter, and communicate the decision taken to the petitioner, as well as to the third respondent.
6. Writ Petition is disposed of according. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dixit
To 1.The District Revenue Officer, Office of Chennai Collectorate, Chennai District, Chennai-600 001.
2.The Tahsildar, Perambur Taluk, Chennai.
+1cc to Mr.Muralidharan, Advocate, S.R.No.41117 +1cc to the Government Pleader, S.R.No.41232 LRS(CO) EU(28/08/2015) W.P.No.24228/2015