T.V.Nagar Industrial Estate Owners Association v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2021
CORAM:
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P. No.18979 of 2021 and WMP Nos.20235, 20238 and 20240 of 2021 T.V.Nagar Industrial Estate Owner's Association (Regn No.195 of 2014) Rep. by its President M.S.Venkatesan .. Petitioner Vs 1.The Commissioner Greater Corporation of Chennai Ripon Building, Chennai 2.The Tahsildar, Alandur Taluk Chennai 600 016.
3.The Revenue Inspector, Mugalivakkam Chennai 600 089.
4.K.Ramachandran 5.K.Parthiban 6.G.Thirumurthy ..Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records pertaining to the 2nd respondent's impugned letter in ref.M1/006/2021 dated 12.08.2021 and quash the same.
For Petitioner : Mr.R.Prabhakaran For Respondents : Ms.P.T.Rama Devi for R1 Mr.A.Selvendran for R2 & R3 Government Advocate
ORDER
On consent given by either side, the main writ petition itself has been taken up for final hearing.
2.The petitioner had earlier approached this Court by filing W.P.No.19041/2020 and this Court disposed of the writ petition by an order dated 07.12.2020. To understand the background of this case and the directions issued by this Court, while disposing of the writ petition, the entire order is extracted hereunder:
"2. Heard Mr.R.Prabhakaran, learned counsel for the petitioner; Ms.P.T.Ramadevi, learned Standing Counsel for R1 and Mr.Annai Ezhil, learned Government Advocate for R2, R3 and R4.
3. The case of the petitioner is that the brother of the fourth and fifth respondents sold the entire property by way of house site plots in a layout named as T.V.Nagar. The grievance of the petitioner association is that during October 2020, the private respondents along with some henchmen started blocking the pathway and obstructed the movement of the general public and they also damaged the road put up by the corporation. Immediately thereafter, a complaint was given and action was taken by removing the encroachment.
4. The petitioner association came to know that the private respondents have managed to get a sale deed registered before the concerned sub-registrar on 20.12.2019 and have dealt with the pathway which was shown to be a pathway even in the approved layout. Aggrieved by the same, the petitioner association gave a complaint to the respondents 2 to 4 on 03.11.2020 not to grant any patta in favour of the private respondents.
5. Mr.Annai Ezhil, learned Government Advocate appearing on behalf of the respondents 2
to 4 submitted that the second respondent has already called the parties for enquiry on 23.12.2020 at 11.00 A.M. The learned counsel further submitted that the representatives of the petitioner association can be present at the time of enquiry along with all the relevant documents.
6. Taking into consideration the facts and circumstances of the case and also of the fact that the second respondent has already called the parties for enquiry, there shall be a direction to the second respondent to proceed further after affording opportunity to the petitioner and respondents 5 to 7 and pass final orders strictly in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order."
3. Pursuant to the above order, the second respondent proceeded to issue the impugned letter dated 12.08.2021 to the Assistant Commissioner, Zone 12, Greater Corporation of Chennai. Aggrieved by the same, the present writ petition has been filed before this Court.
4.Heard the learned counsel for the petitioner, learned counsel for the first respondent and the learned Government Advocate appearing on behalf of the respondents 2 and 3.
5. In the considered view of this Court, the second respondent, namely, the Tahsildar, Alandur Taluk, has not followed the directions issued by this Court in the earlier order passed in W.P.No.19041 of 2020. This Court made it clear that the second respondent must give an opportunity to the petitioner and the private respondents and only thereafter should take a decision. Apparently it has not been done by the second respondent and the same is clear from the impugned letter dated 12.08.2021. The second respondent has straight away proceeded to issue the impugned letter to the Assistant Commissioner without considering the objections made by the petitioner Association.
6. In view of the above, the impugned letter dated 12.08.2021 issued by the second respondent is liable to be
interfered with by this Court and accordingly, the same is hereby quashed. There shall be a direction to the second respondent to strictly comply with the earlier order passed by this Court in W.P.No.19041/2020 by affording an opportunity to the parties and thereafter shall take a decision in accordance with law. This process shall be completed by the second respondent within a period of four weeks from the date of receipt of a copy of this order.
7. In the result, the writ petition is allowed with the above direction.
No costs.
Consequently connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CS-VII) // True Copy // Sub Assistant Registrar RR To 1.The Commissioner Greater Corporation of Chennai Ripon Building, Chennai 2.The Tahsildar, Alandur Taluk Chennai 600 016.
3.The Revenue Inspector, Mugalivakkam Chennai 600 089.
+1CC to M/s.P.T.Ramadevi, Advocate, SR.No.45942 +1CC to The Government Pleader, SR.No.46136 W.P.No.18979 of 2021 KSM(CO) B.VC (21/09/2021)