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Madras High CourtWP/26562/2024disposed of

M/S.Chettinad Academy Of Research And Education v. The Tashildar

2024-10-19Honourable Mr Justice S. Sounthar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.Nos.29072 and 29077 of 2024 M/s.Chettinad Academy of Research and Education Represented by its Authorized signatory Mr.Sivaramakrishnan Hariharan No.603, 5th Floor, Chettinad Towers, Anna Salai, Chennai-600 006 ... Petitioner vs.

1.The Tashildar, Ambattur Taluk, Ambattur, Chennai-600 053 2.The Special Tahsildar, Mannurpet Ambattur Taluk, Ambattur Chennai-600 053 3.SIDCO - Ambattur Industrial Estate Represented by its Branch Manager Ambattur, Chennai-600 058 4.The Revenue Divisional Officer 5-73, SH 112, Gandhi Nagar Anna Nagar West Extension, Chennai-600 040.

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5.Chennai Metropolitan Development Authority, Represented by its Member Secretary, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

6.The Commissionerate of Land Administration, 2nd Floor, Ezhilagam Chepauk, Chennai-600 005.

... Respondents (R6-Impleaded as per order dated 19.10.2024 in WMP.No.33710/2024 in WP.26562/2024) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st and 2nd Respondent Tashildar herein to carry out the necessary mutation to the extent of reflecting the name of the Petitioner in the revenue records pertaining to the subject property and consequently grant Patta in favour of the petitioner in light of petitioner's representation dated 31.01.2024. For Petitioner : Mr.Nithesh Natraj for M/s.Vaibhav R Venkatesh For R1, R2, R4 and R6 : Mr.A.Selvendran Special Government Pleader For R3 : Mr.G.Vasudevan Standing Counsel (TANSIDCO) For R5 : Mrs.C.Mageswari Standing Counsel (CMDA) 2/8

O R D E R

The petitioner herein seeks a direction to the respondents 1 and 2 to effect mutation of revenue records in favour of the petitioner in respect of the property situated in Town Survey No.8/2, Ward-F, Lock 10, Mannurpet Village, Ambattur Taluk, Chennai District (erstwhile Ambattur Taluk, Tiruvallur District).

2. It is the case of the petitioner that originally the subject property belonged to 3rd respondent and petitioner's predecessor-in-interest M/s.Sivanandha Steels Ltd., purchased the same from the 3rd respondent under a Sale Deed dated 03.11.1989. Thereafter, the M/s.Sivanandha Steels Ltd., sold the subject property in favour of the petitioner's predecessor RR Infopark Private Ltd. Later, the manual patta was also issued in the name of the petitioner's predecessor-in-interest. The petitioner purchased the said property in SARFAESI Proceedings and Sale Certificate was issued in his favour on 13.03.2023. When the petitioner verified the online records, it came to their knowledge that at the time of updation of revenue records in online portal, the subject property was wrongly classified as 3/8

Sarkar Poramboke Land. Therefore, the petitioner submitted various representations to the respondents 1 to 3 seeking rectification of the revenue records and inclusion of petitioner's name in respect of the subject property and the same has not been considered by the respondents 1 to 3. The last of the representation of the petitioner was submitted before the respondents 1 to 3 on 31.01.2024 and the same has not been considered. Hence, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner submits that earlier manual patta was issued in the name of the petitioner's predecessor RR Infopark Private Ltd., and later, at the time of updation of revenue records, a wrong entry has been made, as if, the subject property is a 'Government Land'. Hence, the petitioner submitted a representation before the 1st respondent seeking mutation of revenue records in favour of the petitioner and the same has not been considered.

4. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1, 2, 4 and 6, Mr.G.Vasudevan, learned Standing Counsel for TANSIDCO takes notice for the 3rd respondent and 4/8

Mrs.C.Mageswari, learned Standing Counsel for CMDA takes notice for the 5th respondent.

5. The learned Special Government Pleader appearing for the respondents 1, 2, 4 and 6 submits that in the online revenue records, the subject property is classified as 'Government Land'. Therefore, the competent authority to consider the request of the petitioner is the 6th respondent.

6. In view of the said submission made by the learned Special Government Pleader appearing for the Official Respondents, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 1st respondent to forward the representation of the petitioner dated 31.01.2024 to the 6th respondent within a period of two weeks from the date of receipt of copy of this order. The 6th respondent shall consider the representation of the petitioner and pass final orders on its own merits and in accordance with law, within a further period of eight weeks from the date of receipt of such representation from the 1st respondent. 5/8

7. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed. 19.10.2024 Index : Yes/No Speaking order:Yes/No dm 6/8

To 1.The Tashildar, Ambattur Taluk, Ambattur, Chennai-600 053 2.The Special Tahsildar, Mannurpet Ambattur Taluk, Ambattur Chennai-600 053 3.SIDCO - Ambattur Industrial Estate Represented by its Branch Manager Ambattur, Chennai-600 058 4.The Revenue Divisional Officer 5-73, SH 112, Gandhi Nagar Anna Nagar West Extension, Chennai-600 040.

5.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

6.The Commissionerate of Land Administration, 2nd Floor, Ezhilagam Chepauk, Chennai-600 005.

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S.SOUNTHAR, J.

dm 19.10.2024 8/8