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Madras High CourtWP/37036/2016dismissed

Mr.M.Kalaiselvan, v. The District Collector,

2016-11-11Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.Nos.37036 to 37038 of 2016 & W.M.P.Nos.31838 to 31840 of 2016 M.Kalaiselvan ..Petitioner in all WPs Vs.

1. The District Collector, Kancheepuram Collector's Office,

2. The District Revenue Officer, O/o.The Collectorate of Kancheepuram,

3. Allen Suneja, O/o. The Collectorate of Kancheepuram, Kancheepuram Dt.,

4. Chellappan, O/o. The Collectorate of Kancheepuram, Kancheepuram Dt.,

5. Mallika, O/o. The Collectorate of Kancheepuram, Kancheepuram Dt.,

6. The Revenue Divisional Officer, Chengalpattu Division,

7. The Tahsildar, Tahsildar Office Thirukazhukundram,

8. The Revenue Inspector,

9. Village Administrative Officer,

10. The Sub-Registrar, Thirukazhukundram Sub Registrar Office,

11. Mahadevi

12. K.Devaraj

13. D.Babu

14. D.Udhayakumar

15. M.Chandrasekar Advocate

16. Govindaraj Inspector of Police, E-3 Police Station, Mamallapuram, ..Respondents in all WPs Praying WP.Nos. 37036 & 37037 of 2016:Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records of the sixth respondent herein orders in Mu.Mo.668/2011B, dated 20.07.2011, Na.ka.4259/11B, dated 14.06.2012 respectively passed by the Revenue Divisional Officer, Chengalpattu Division, Kancheepuram District and quash the same. Prayer in WP.NO.37038 of 2016: Writ Petition filed under Article 226 of the constitution of India praying to issue a writ of certiorari to call for the records of the 7th respondent herein order dated 21.11.2011 in Mu.Mo.

1648/2011/B1 passed by the Tashildar, Tashildar Office, Thirukazhukundram, Thirukazhukundram Taluk, Kancheepuram District and quash the same For Petitioner in all WPs : Mrs.V.Preetha For Respondents in all WPs: Mr.A.N.Thambidurai C O M M O N O R D E R Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents1, 2, 6 to 10, who accepts notice on their behalf and with the consent on either side, the writ petitions are taken up for final disposal.

2. These Writ Petitions have been filed to quash the orders of the sixth respondent passed Mu.Mo.668/2011B, dated 20.07.2011, Na.ka.4259/11B, dated 14.06.2012 and Mu.Mo.648/2011/B1, dated 21.11.2011 respectively.

3. The case of the petitioner is that on the basis of the fraudulent documents submitted by the respondents 11 to 15, the respondents 3 to 5 without verifying the documents and without taking note of the fact that the General Power of Attorney Deed has already been cancelled, has granted patta to them. In this regard both the parties have filed civil suits

before the District Munsif Court, Thirukazhukundram and the same are pending. Hence the petitioner has come forward with these Writ Petitions quash the pattas issued to the respondents 11 to 15.

4. According to the petitioner, the appeal filed by the petitioner is pending. In this regard the respondents 5 to 11 have filed a suit in O.S.No.12 of 2012 and the petitioner has also filed a suit in O.S.No.15 of 2013 and both the suits are also pending. The learned Government Pleader has also reported that the appeal will be disposed of in accordance with the result of the civil suits filed by the parties.

6. In view of the submissions on either side, these Writ petitions are dismissed and the parties shall raise all their contentions in the civil suits filed by them and the authorities will dispose of the appeal in accordance with the disposal of the civil suits filed by the both the parties. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vrc To

1. The District Collector, Kancheepuram Collector's Office, Mancheepuram District.

2. The District Revenue Officer, O/o.The Collectorate of Kancheepuram,

3. The Revenue Divisional Officer, Chengalpattu Division,

4. The Tahsildar, Tahsildar Office Thirukazhukundram,

5. The Revenue Inspector,

6. Village Administrative Officer,

7. The Sub-Registrar, Thirukazhukundram Sub Registrar Office,

8. Govindaraj Inspector of Police, E-3 Police Station, Mamallapuram, + 1 cc to Government Pleader Sr.65491 W.P.Nos.37036 to 37038 of 2016 NRJK(CO) EU 21.12.16