Selvi R.Lakshmi v. The Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Lakshmi ..

Petitioner Vs.

1. The Secretary to Government of Tamil Nadu Revenue Department Chennai 600 009.

2. The Collector Collectorate Office Chennai 600 001.

3. The Inspector General of Registration Santhome Chennai 600 005.

4. The Sub Registrar Villivakkam Having office at Nolambur Chennai 600 037.

5. The Revenue Divisional Officer Anna Nagar West Chennai 600 101.

6. The Tahsildar Taluk Office Ambattur Chennai 600 053.

7. Hemalatha

8. M.Rajendran

9. P.Kasturi 10.M.Ambika 11.R.Vennila 12.R.Selvakumar 13.G.Balamohan 14.B.Padmavathi 15.G.Srinivasan 16.C.S.Sumathi 17.S.Thangam 18.B.Krishnan 19.Inspector of Police Forgery Wing, Batch 33 Chennai Crime Branch Vepery, Chennai 600 007.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the official respondents to cancel

all illegal sale deeds of lands comprised in S.No.773/2A 1A and 2A 1A Pt of Korattur Village, Ambattur Taluk, Chennai District thereby retaining the nature of the Government land of the above said Survey numbers.

For the Petitioner : Ms.V.V.Sathya For the Respondents : Mr.P.Harish Government Advocate for Respondents 1 to 6 & 19 Mr.N.Daranath for Respondents 7 to 16 & 18 Not ready in notice for Respondent-17

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.V.V.Sathya, learned counsel for the petitioner, Mr.P.Harish, learned Government Advocate for the respondents 1 to 6 and 19 and Mr.N.Daranath, learned counsel for the respondents 7 to 16 and 18.

2. Learned counsel for the petitioner submits that the illegal sale

deeds have been executed of the lands comprised in S.No.773/2A 1A and 2A 1A Part of Korattur Village. Even the Tahsildar has admitted that 142 persons have been granted natham patta of 1.5 cents each, but they have encroached the adjacent land. Because of the illegal sale deeds executed, the petitioner, who is a disabled person and persons similarly situated as the petitioner are not assigned the lands.

3. The land in question was classified as a Punjai Tharisu. Under the proceedings of the Collector dated 04.09.2008, Natham patta has been granted to 142 persons for 1.5 cents each. If an encroachment is caused by that persons, it is for the Government officials to take action in respect of the encroached area i.e. area apart from 1.5 cents assigned to the persons.

4. The respondent authorities shall survey the said property preferably within six months from today. If, upon survey, encroachment is observed, then, further steps in accordance with law shall be undertaken by the authorities for the removal of

encroachment.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.27279 of 2022 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 03.04.2024 Index :

Yes/No :

Yes/No kpl To

1. The Secretary to Government of Tamil Nadu Revenue Department Chennai 600 009.

2. The Collector Collectorate Office Chennai 600 001.

3. The Inspector General of Registration Santhome, Chennai 600 005.

4. The Sub Registrar Villivakkam, Having office at Nolambur Chennai 600 037.

5. The Revenue Divisional Officer Anna Nagar West Chennai 600 101.

6. The Tahsildar Taluk Office Ambattur Chennai 600 053.

7. Inspector of Police Forgery Wing, Batch 33 Chennai Crime Branch Vepery, Chennai 600 007.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J (kpl) 03.04.2024