S.N.Sundaram v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24022 of 2016 1.S.N.Sundaram 2.Mrs.A.Chandravathy 3.Mrs.D.Karpagam 4.Mrs.Sundari Raj Kumar 5.Mrs.D.Vasanthi 6.Mrs.D.Thilagavathy ... Petitioners
Versus
1. The District Collector Kancheepuram District Kancheepuram 631501.
2. The District Revenue Officer Kancheepuram District, Kancheepuram 631501.
3. The Revenue Divisional Officer Tambaram Division, Tambaram Chennai 600 045.
4. The Tahsildar Sholinganallur Taluk Chennai 600 119.
5.R.Sankar 6.R.Thiruvengadam 7.Saravanan 8.Mrs.Palaniammal 9.S.Gunasekaran 10.S.Anandi 11.V.Sadasivam 12.T.Sivakumar 13.N.Revathi 14.S.Devaraj 15.N.Radha Narasimman 16.D.Purushothaman 17.Mrs.R.Sasikala Rajamanikam 18.R.Sathyanarayanan 19.Parameshwari 20.A.Mahalingam 21.Mrs.L.Jayalakshmi
22.P.Kaliyappan 23.P.Sathiyamoorthy 24.M.Poobalan 25.Baskar 26.V.Damodaran 27.C.Amutha Kala 28.L.Padmavathy 29.K.Kumar 30.Mrs.Laila 31.K.Padmavathy 32.S.Dhanalakshmi 33.Mrs.Usha 34.A.K.Pushpa 35.U.Suman Latha Metha 36.M.Sundaramurthy 37.N.Devi 38.N.Kaandiban 39.P.Thangadurai 40.D.Jayakumar 41.N.Selvarani 42.M.K.Ajayan 43.M.Abirami 44.M.Viswesh 45.T.S.Gunasekar 46.Venkatesan.L 47.R.Balamurugan 48.V.Revathi 49.S.Devaki 50.K.Mohana 51.B.Umashankar 52.Mr.E.Sivaperumal 53.M.Vasanthi 54.Mrs.J.Yogeetha 55.S.Subhrun Jamila Beevi 56.S.Karthikeyan 57.J.Alli 58.P.Krishnamurthy 59.Mrs.Ella Jagadees Barmer 60.M.Anandan 61.E.Deivasigamani 62.Mrs.D.Thara 63.Sugantha 64.V.Sathya 65.Mrs.G.Anjalai 66.Mr.E.Sivaperumal 67.Revathi Ganesh 68.D.Veeragavalu 69.T.Sridhar 70.D.Narayanasamy 71.D.Ramakrishnan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents 1 to 4 to consider and dispose of the representation dated 04.06.2012 in a time bound manner. For Petitioners : Mr.I.Abrar Md. Abdullah For RR 1 to 4 : Mr.R.Vijayakumar, Additional Government Pleader
ORDER
By consent, the writ petition is taken up for final disposal.
2. The grievance expressed by the petitioners appears to be that the Power of Attorney has been fraudulently created through fabrication, based on which, the Sale Deeds have been executed in favour of 67 persons and despite the subsistence of the interim order in the form of an order of ad-interim injunction, in IA.Nos.7858 & 7859/2012 in OS.No.3053/2012, pending on the file of the learned XVII Assistant Judge, City Civil Court, Chennai, the said fraudulent act have been done and in this regard, the petitioners have repeatedly approached the official respondents to set right the mistake and not to perpetuate the fraud and despite that, no action has been taken and therefore, they are constrained to approach this Court by filing the present writ petition.
3. Mr.I.Abrar Md. Abdullah, learned counsel for the petitioners has drawn the attention of this Court to the typed set of documents and would submit that the 4th respondent, vide communication in Na.Ka.2736/2010/Aa1 dated 10.02.2016, has informed the 3rd respondent about the steps being taken in that regard and prays for appropriate direction from him and despite that, no progress is taking place and therefore, the petitioner is left with no other option, except to approach this Court, for getting appropriate relief.
4. This Court heard the submissions of Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 4.
5. This Court, considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 3rd respondent to take note of the communication of the 4th respondent dated 10.02.2016 made in Na.Ka.No.2736/2010/Aa1 and after putting all the private respondents on notice, shall pass orders on merits and in accordance with law, within a period of three months from the
date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the private respondents.
6. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP To
1. The District Collector Kancheepuram District Kancheepuram 631501.
2. The District Revenue Officer Kancheepuram District, Kancheepuram 631501.
3. The Revenue Divisional Officer Tambaram Division, Tambaram Chennai 600 045.
4. The Tahsildar Sholinganallur Taluk Chennai 600 119.
+1cc to Mr.R.Subramanian, Advocate, S.R.No.39064(05.08.2016) W.P.No.24022 of 2016 VS(CO) CA(26/07/2016)