Madras High CourtWP/25786/2021disposed of

P.Sathyanarayana v. The District Revenue Officer

2021-12-03Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.25786 of 2021 P.Sathyanarayana

...Petitioner

1. The District Revenue Officer, Office of the District Collector, Chennai 600 109

2. The Revenue Divisional Officer, Chennai District - (Central), Chennai 600 101

3. The Tahsildar, Tiruvallur High Road, Gandhi Nagar, Ambattur, Chennai 600 053

4. M.Vijayakumar

5. M.Nirmal Kumar

6. J.Pavunkumar

7. J.Selvam

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of certiorarified mandamus to direct the first to third respondents to conduct a proper enquiry based on the representation dated 30.09.2021 given by the petitioner to the first to third respondents and consecutively, cancel the said settlement deed vide document No.12803/2013 dated 04.11.2013, 12804/2013 dated 04.11.2013, 14663/2013 dated 11.12.2013 and 14664/2013 dated 11.12.2013 respectively registered at the Office of the Sub Registrar, Ambattur, if it found to be registered illegally by obtaining using forged/created documents and remove the name of the said J.Selvam, J.Pavunkumar, M.Vijayakumar and M.Nirmal Kumar (respondents Nos.4 to 7) from the respective revenue records for

the petitioner's property lies with an extent of about 002634 sq.ft. situated in survey No.263/13, Athipattu Village No.5, Kavarai Street, Ambattur Taluk, Chennai 600 058(ward G, Block 15, TS.No.82) within a time frame fixed by this Court. For Petitioner : Mr.Arvind Athithan, for Mr.V.Purushothaman For Respondents For R1 to 3 : Mr.V.Jeevagirithan, Additional Government Pleader

ORDER

This writ petition is filed to direct the first to third respondents to conduct a proper enquiry based on the representation dated 30.09.2021 given by the petitioner to the first to third respondents and consecutively, cancel the said settlement deed vide document No.12803/2013 dated 04.11.2013, 12804/2013 dated 04.11.2013, 14663/2013 dated 11.12.2013 and 14664/2013 dated 11.12.2013 respectively registered at the Office of the Sub Registrar, Ambattur, if it found to be registered illegally by obtaining using forged/created documents and remove the name of the said J.Selvam, J.Pavunkumar, M.Vijayakumar and M.Nirmal Kumar (respondents Nos.4 to 7) from the respective revenue records for the petitioner's property lies with an extent of about 002634 sq.ft. Situated in survey No.263/13, Athipattu Village No.5, Kavarai Street, Ambattur Taluk, Chennai 600 058(ward G, Block 15, TS.No.82) within a time frame fixed by this Court.

2. The petitioner lodged complaint before the respondents 1 to 3 as against the respondents 4 to 7 with regards to the fraudulent deed of conveyance executed by them in respect of the property comprised in survey No.263/13, Athipattu Village No.5, Kavarai Street, Ambattur Taluk, Chennai to an extent of 2634 sq.ft. The respondents 1 to 3 are not competent persons to enquire the complaint lodged by the petitioner.

3. However, the petitioner is directed to lodge complaint before the District Registrar concerned within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the District Registrar concerned is directed to issue notice to the counter parties i.e. respondents 4 to 7 herein and conduct enquiry after giving them opportunity of hearing and pass orders on merits and in accordance with law within a period of twelve weeks thereafter.

4. With the above directions, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar lok To

1. The District Revenue Officer, Office of the District Collector, Chennai 600 109

2. The Revenue Divisional Officer, Chennai District - (Central), Chennai 600 101

3. The Tahsildar, Tiruvallur High Road, Gandhi Nagar, Ambattur, Chennai 600 053 +1cc to M/s.V.Purushothaman, Advocate, S.R.No.63974 +2cc to the Government Pleader, S.R.No.64333&64367 WP.No.25786 of 2021 CP(CO) RGA(21/12/2021)