D.Ramadas v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22733 of 2023 and WMP.No.22183 of 2023 D.Ramadas

...Petitioner

Vs.

1.The District Revenue Officer Singaravelar Maligai Central Chennai Chennai.

2.The Revenue Divisional Officer Central Chennai Chennai.

3.The Zonal Officer Greater Chennai Corporation Zone-7, Ambattur 4.The Tahsildar Office of the Tahsildar of Ambattur Thiruvallur District Ambattur 1/6

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the third respondent, their, men, agents, servants from in any manner from altering the physical features or interfering with the possession of property comprised in Survey No.266/1 (Part), 300 (part) and 301(part), Padi Village, Ambattur Taluk, presently corporation of Chennai, measuring about 1241 sq.ft so as to await the outcome of the proceedings pending on the file of the second respondent.

For Petitioner : Mr.S.Ramesh For Respondents : Mrs.S.Anitha for R1, R2 & R4 Government Advocate Mr.E.C.Ramesh for R3 Standing Counsel

O R D E R

The petitioner herein seeks issuance of Writ of Mandamus, forbearing the third respondent from any manner altering the physical features or interfering with the possession of the property comprised in 2/6

Survey No.266/1 (part), 300 (part) and 301(part), Padi Village, Ambattur Taluk, presently Corporation of Chennai, measuring about 1241 sq.ft., till the outcome of the proceedings pending before the second respondent.

2. It is the case of the petitioner that in pursuance of the order passed by this Court in W.P.No.11593 of 2017 as modified by the Writ Appeal in W.A.No.2761 of 2018, the second respondent/the Revenue Divisional Officer passed an order on 22.06.2022 issuing patta in favour of the petitioner and directed the registration of the same in revenue records in respect of land in S.Nos.61, 97/1, 97/2, 97/3, 97/4 & 144 in Padi Village, Ambattur Taluk, now, Chennai District. Challenging the said order, the petitioner filed an appeal before the first respondent and the first respondent set aside the order passed by the second respondent and remitted the matter back to the file of the second respondent with direction to conduct fresh enquiry and pass final orders. As seen from the counter affidavit filed by the third respondent, in pursuance of the directions issued by the first respondent, the second 3/6

respondent had already conducted enquiry on 14.08.2023 and the final orders are awaited.

3. In view of the fact that already the second respondent conducted an enquiry and final orders are awaited, this Court is inclined to direct the third respondent to maintain status-quo till the final orders are passed by the second respondent in the proceedings pending before him. The second respondent shall pass final order within a period of six weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 28.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6

To 1.The District Revenue Officer Singaravelar Maligai Central Chennai Chennai.

2.The Revenue Divisional Officer Central Chennai Chennai.

3.The Zonal Officer Greater Chennai Corporation Zone-7, Ambattur 4.The Tahsildar Office of the Tahsildar of Ambattur Thiruvallur District Ambattur 5/6

S.SOUNTHAR , J.

dna W.P No.22733 of 2023 and WMP.No.22183 of 2023 28.08.2023 6/6