Madras High CourtWP/21482/2021disposed of

W.Jasmine Racheal@Malliga v. The Add. Chief Secretary To Government Of Tamil Nadu

2021-12-20Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.21482 of 2021 and W.M.P.No.24565 of 2021 W. Jasmine Rachel @ Malliga .... Petitioner Vs

1. The Additional Chief Secretary to Government of Tamil Nadu, Dept. of Revenue and Disaster Management Department, Secretariat, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Special Officer to Government of Tamil Nadu, Dept. of the Chief Minister in Your Constituency, Fort St.George, Chennai - 600 009.

3. The Additional Chief Secretary/Commissioner, O/o.Commissioner of Land Administration Department, 2nd Floor, Ezhilagam, Chepauk.

4. The Principal Secretary to Government of Tamil Nadu, Dept. of Commercial Tax and Registration, Fort St.George, Chennai - 600 009.

5. The Inspector General of Registration, O/o. Inspector General of Registration, No.100, Santhome High Road, Chennai - 28.

6. The District Collector, O/o.The District Collector of Ranipet,

7. The Superintendent of Police, District Crime Branch / Anti Land Grabbing (Special Cell), O/o. Superintendent of Police,

8. The District Registrar (Admin), O/o. The District Registrar (Admin), Arakkonam Registration District, Arakkonam - Ranipet District.

9. Mageshwari The Sub - Registrar - Joint - II, Arakkonam Registration District, Arakkonam Town Ranipet District.

10. The Tahsildar, O/o. The Tahsildar Office, Arakkonam Taluk, Ranipet District.

11. The Head Surveyor, Thanigai Polur Village, O/o. The Tahsildar Office, Arakkonam Taluk, Ranipet District.

12. The Inspector of Police, O/o. Arakkonam Town Police Station, Arakkonam Town Ranipet District.

13. The Inspector of Police, O/o. Arakkonam Taluk Police Station, The Tahsildar Office Campus, Arakkonam Taluk, Ranipet.

14. C. Jayaraman. RPF

15. The Sub Collector/Revenue Divisional Officer, O/o. The Revenue Divisional Office, Arakkonam Sub-Division, Arakkonam, Ranipet District.

16. The Deputy Inspector General of Registration, Vellore Zone, Vellore, Vellore District.

(R15 and R16 impleaded vide order dated 20.12.2021 made in WMP No.24561 of 2021 in WP No.21482 of 2021) ....

Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 16th respondent in Letter No.2022/A1/2021 dated 21.09.2021 and set aside the same and take criminal action as requested in my representation dated 03.09.2021 and 18.09.2021 as per the order of the 8th respondent in his proceedings No.3585/A2/2021 dated 25.08.2021 in the light of the Circular No.20217/U1/2021 dated 09.07.2021 issued by the 5th respondent on the direction of the Hon'ble High Court of Madras (Madurai Bench) passed on 17.06.2021 in W.P.(MD) No.10177 of 2021 Registration (Tamil Nadu Second Amendment) Act, 2021, and the subsequent enactment of Bill No.27 of 2021 dated 02.09.

2021 passed by the Tamil Nadu Legislative Assembly and cancel and make entry in EC about the fraudulent Document No.596 of 2001 relating to the property 2 acres and 46 1⁄2 cents in S.No.314 and S.No.383/2, Thanigai Polur Village (Prayer amended as per order dated 20.12.2021 in WMP No.24563 of 2021 in W.P.No.21482 of 2021).

For Petitioner :Mr.S. Pushpakaran For R1 to R3, R6 to R8 and R10 to R13 :Mr.S.Rajesh Government Advocate For R4, R5 & R9 :Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 16th respondent in Letter No.2022/A1/2021 dated 21.09.2021 and set aside the same and take criminal action as requested by the petitioner's representation dated 03.09.2021 and 18.09.2021 as per the order of the 8th respondent in his proceedings No.3585/A2/2021 dated 25.08.2021 in the light of the Circular No.20217/U1/2021 dated 09.07.2021 issued by the 5th respondent on the direction of the Hon'ble High Court of Madras (Madurai Bench) passed on 17.06.2021 in W.P.(MD)

No.10177 of 2021 Registration (Tamil Nadu Second Amendment) Act, 2021, and the subsequent enactment of Bill No.27 of 2021 dated 02.09.2021 passed by the Tamil Nadu Legislative Assembly and cancel and make entry in EC about the fraudulent Document No.596 of 2001 relating to the property an extent of 2 acres and 46 1⁄2 cents in S.No.314 and S.No.383/2, Thanigai Polur Village.

2. Heard, Mr.S. Pushpakaran, learned counsel appearing for the petitioner, Mr.S.Rajesh, learned Government Advocate appearing for the respondents 1, 2, 3, 6, 7, 8, 10, 11, 12 & 13 and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 4, 5 & 8.

3. Without expressing any opinion on merits of the writ petition, the eighth respondent is directed to conduct enquiry on the representation of the petitioner dated 03.09.2021, after issuance of notice to the petitioner and the counter parties, if any, after giving them an opportunity of hearing and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

4. With the above direction, the writ petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

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