Madras High CourtWP/27707/2023disposed of

M.Asirvatham v. The Revenue Divisional Officer

2023-09-22Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE M.Asirvatham ... Petitioner Vs.

1.The Revenue Divisional Officer South Chennai Guindy, Chennai 600 032 2.The Assistant Commissioner of Police Neelankarai Circle Neelankarai Police Station Chennai 600 115 3.The Inspector of Police Neelankarai Police Station Chennai 600 115 4.Snabak Vinoth 5.The Sub Registrar Neelangarai S.R.O.

(5th respondent suomotu impleaded by this Court today) ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, 1/6

to issue a Writ of Mandamus, directing the respondents 2 and 3 to accommodate the petitioner at the premises comprised of house, ground, and premises bearing door No.1/5, current No.1/564, Kakkan Street, Cholamandalam Devi Nagar, Injambakkam Village, Chennai 600 115 in all measuring 1722 sq. ft. within Vettiyan Maniyathangal, S.No.127/2 within Greater Chennai Corporation, Sholinganallur Taluk, then Kancheepuram District, now within Chingleput District and within the sub registration district of Neelankarai and within the registration district of South Chennai and similarly extend the protection in compliance of the order passed by the Revenue Divisional Officer, office of the Revenue Divisional Officer, Anna Salai, Guindy, Chennai 600 032 in proceedings baring Se.Mu.No.a3 / 3532/2021 dated 13.06.2022.n For Petitioner : Mr.D.Ashok Kumar For Respondents : Mr.A.Anandan Government Advocate - R1, R5 Mr.R.Kishore Kumar Government Advocate (Crl. Side) - R2,3

ORDER

The petitioner is a senior citizen and he has preferred a complaint to R.D.O., the 1st respondent herein that he has been thrown out by his son, the 4th respondent herein out of his house. He submits that he had purchased the plot and put up the construction some time back and the petitioner is now on the streets. 2/6

2.This Court considers that a certain status quo necessarily had to be maintained. Therefore, this Court now suomotu impleads the Sub Registrar, Neelangarai S.R.O. as the 5th respondent.

3.Mr.A.Anandan, the learned Government Advocate has taken notice for the respondents 1 and 5. Mr.R.Kishore Kumar, the learned Government Advocate (Crl. Side) takes notice for the respondents 2 and 3. 4.The 5th respondent is now required not to register any document presented for registration, if the same is presented without the leave of the Court as regards property situated in door No.1/5, New No.1/564, Kakkan Street, Cholamandalam Devi Nagar, Injambakkam Village, Chennai 600 115, comprised in Survey No.127/2 of Injambakkam Village.

5.This Court now directs the 1st respondent to take immediate action on the representation given by the petitioner. If the representation made by the petitioner is just and valid, then the respondents 1 to 3 are required to take all necessary steps to put the petitioner back in his house. It is underscored, the 3/6

R.D.O. is also required to hear the 4th respondent before it takes any decision as has been directed.

6.The direction given to the 5th respondent, Sub Registrar, Neelankarai S.R.O. will be in force only till such time the R.D.O. takes a final decision in this matter. 7.The entire exercise of the R.D.O. is required to be completed within a period of four (4) weeks from today.

8.This writ petition stands disposed of accordingly. No costs. 22.09.2023 kas Index : yes / no Note: Issue order copy on 26.09.2023 4/6

To 1.The Revenue Divisional Officer South Chennai Guindy, Chennai 600 032 2.The Assistant Commissioner of Police Neelankarai Circle Neelankarai Police Station Chennai 600 115 3.The Inspector of Police Neelankarai Police Station Chennai 600 115 4.The Sub Registrar Neelankarai S.R.O.

5/6

N.SESHASAYEE, J.

kas 22.09.2023 6/6