Green Home Farms And Resorts Pvt Ltd, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s.Green Home Farms & Resorts Pvt. Ltd.

Represented by its Executive Director Gnanasehar Devadasan Having its Registered Office at:

#8-2-686/P2 to P5, 3rd Floor, Divine Banjara Road 12, Banjara Hills, Hyderabad - 500 034.

Having Branch office at:

No.35-A, North Usman Road, T.Nagar, Chennai - 600 017.

...

Petitioner versus 1.The District Collector, O/o.The District Collector, Chinglepet, Chinglepet District 2.The Assistant Director, Land Survey and Records Department, Kancheepuram.

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3.District Revenue Officer, District Revenue Office, Chinglepet.

4.The Revenue Divisional Officer / The Sub-Collector, The Revenue Divisional Office, Chenglepet.

5.The Tahsildar, O/o.The Tahsilar, Thiruporur Taluk, Thiruporur, Chinglepet District.

6.S.Charles Manickaraj ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the representations of the petitioner and more specifically the representation dated 29.09.2023 and conduct the enquiry as per orders of this Court to cancel the joint patta bearing No.2588, issued by the respondent no.5 and forbear the respondent nos.1 to 5 from taking any action in pursuance thereof until passage of any orders by the respondent no.4 in respect of the same.

For Petitioner :

Mr.P.R.Raman Senior Counsel for M/s.Mothilal & Goda For Respondent Nos.1 to 5 :

Mr.P.Sathish Additional Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

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2.

This Writ Petition is filed to direct the respondents 1 to 5 to consider the representation of the petitioner dated 29.09.2023 and to conduct enquiry as per the orders of this Court to cancel the joint patta bearing No.2588, issued by the fifth respondent and forbear the respondents 1 to 5 from taking any action until passage of any orders by the fourth respondent.

3.

Heard the learned Senior Counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 5 and perused the materials available on record.

4.

The case of the petitioner is that he has purchased an extent of 20 cents in Survey No.668/2B17 from the predecessors in title. According to the petitioner, this property is in the approved layout. Whereas, the sixth respondent claiming right over the property on the basis of the field measurement and also seeking sub division. In this regard, the petitioner has already given several representations to conduct enquiry. Without considering the representations of conducting any enquiry, the official respondents now sought to carry out the survey. Hence, it is contented that his representation has to be considered first and then the enquiry should be 3/6

conducted to find out whether what is the exact area conveyed and available in Survey No.668/2B17. Hence, he seeks a direction. 5.

The Additional Government Pleader for the respondents 1 to 5 would submit that the fourth respondent shall conduct enquiry and thereafter, survey the property. The said statement is recorded. 6.

In such view of the matter, the fourth respondent is directed to conduct enquiry on the basis of the petitioner's representation dated 29.09.2023 and pass appropriate orders on its own merits and in accordance with law, after giving an opportunity to the petitioner as well as the sixth respondent. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order. Till the orders are passed on merits, the officials shall not start the survey proceedings. 7.

With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Speaking order / Non-speaking order 02.07.2024 Index : Yes / No : Yes / No sri 4/6

To 1.The District Collector, O/o.The District Collector, Chinglepet, Chinglepet District 2.The Assistant Director, Land Survey and Records Department, Kancheepuram.

3.The District Revenue Officer, District Revenue Office, Chinglepet.

4.The Revenue Divisional Officer / The Sub-Collector, The Revenue Divisional Office, Chenglepet.

5.The Tahsildar, O/o.The Tahsilar, Thiruporur Taluk, Thiruporur, Chinglepet District.

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N.SATHISH KUMAR , J.

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