R.Saravanan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.26805 of 2019 and WMP No.26201 of 2019 1 R.Saravanan 2 Y. Sekar 3 Suresh Babu 4 S. Sebastin 5 Uthirapathy 6 Munusamy 7 C. Nirmala 8 Sumathi 9 Sarasu 10 Chitra 11 Ayyanar 12 Marimuthu 13 V.M. Selvaraj 14 Jayalakshmi 15 Mary Stella 16 D. Devagi 17 S. Periyasamy 18 A. Gomathi Nayagi 19 Jayalakshmi 20 M. Prakash 21 D. Kalistha 22 Murugan 23 Renuga Devi 24 Rajendran 25 G. Srinivasan 26 Vijaya Kabil 27 B. Kavitha 28 P. Raji 29 V.Jayanthi 30 M. Saraswathi 31 Pachaiyammal 32 Murugan 33 P. Maniveeran 34 Srinivasan 35 M. Radhakrishnan 36 R. Thenna Rangan
37 Sowriyammal 38 Mohamed Khaja 39 Kala Jeyajini 40 B. Kalaivani 41 K. Udhayakumar 42 Arokiaselvam 43 Mallika 44 Seethalakshmi 45 Deenadayalan 46 M. Ranjani 47 Kansili 48 P. Murugesan 49 A. Kala .... Petitioners Vs
1. The District Collector Chennai District, Chennai.
2. The District Revenue Officer Chennai District, Chennai.
3. The Tahsildar Sholinganallur Taluk, Chennai District, Chennai.
... Respondents Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus, forbearing the respondents not to evict the petitioners and Consequently directing the respondents the District Collector Chennai to initiate appropriate steps to issue patta for the petitioners in S.No.282/2, Injambakkam Village, Shollinganallur Taluk called Bethel Nagar measuring a total extent of 20.78.0 Hectares, in which 09344 Square meter of land which is Natham within the time stipulated by this Hon'ble court.
For the Petitioner : Mr.E.P.Senniyangiri For the Respondents : Mr.Mr.J.Ravindran AAG, assisted by Mr.A.Selvendran, Spl.G.P.
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed with the following prayer: "To issue a writ of Mandamus, forbearing the respondents not to evict the petitioners and Consequently direct the respondent, The District
Collector, Chennai to initiate appropriate steps to issue patta for the petitioners in S.No.282/2, Injambakkam Village, Shollinganallur Taluk called Bethel Nagar measuring a total extent of 20.78.0 Hectares, in which 09344 Square meter of land which is Natham, within the time stipulated by this Hon'ble Court."
2. The issue raised in this writ petition in regard to the area in question earlier came up before this Court in W.P.No.12125 of 2013 (between I.H.Sekar and The District Collector, Kancheepuram District and Others) and it was disposed of vide order dated 09.04.2015. Subsequently, as against the said order, contempt petition was filed in Cont.P.No.1874 of 2018 alleging disobedience of the order of this Court and pending contempt petition, Sub Applications have been filed, which were dismissed by order of this Court dated 07.04.2022, as against which the parties went on appeal before the Supreme Court by filing SLPs, which are pending.
In view of the above, the issue is now pending before the Supreme Court. In any case, the judgment dated 09.04.2015 passed in W.P.No.12125 of 2013 would apply to this writ petition also. Accordingly, this writ petition is disposed of in terms of the judgment passed in the writ petition referred supra. No costs. Consequently, W.M.P.No.26201 of 2019 is closed. Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar sra To:
1 The District Collector Chennai District Chennai.
2 The District Revenue Officer Chennai District Chennai.
3 The Tahsildar Sholinganallur Taluk chennai District Chennai.
+1cc to Mr.E.P.Senniyangiri, Advocate SR.No.38119 +1cc to Government Pleader SR.No.37440, 37698 W.P.No.26805 of 2019 and WMP No.26201 of 2019 KV(CO) GMY(28/06/2022)