Jassentha Joseph v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 23.05.2025 Pronounced on : .......07.2025

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.No.32789 of 2017 and W.M.P.No.36122 of 2017 and W.M.P.No.24287 of 2018 Jassentha Joseph ... Petitioner Vs.

1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Commissioner, Chennai Corporation, Rippon Buildings, Chennai.

3.The Zonal Officer, VII Zone, Chennai.

4.The Executive Engineer, Public Works Department, Ambattur, Chennai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from putting up the wall fencing or compound in the property comprising in Survey No.429/3A2B measuring 7.5 cents in Patta No.1047 and Survey No.429/3J, 429/2E measuring 17.5 cents in Patta No.996 situated at Mugappair Village, Ambattur Taluk, Thiruvallur District based on the petitioner's representation dated 11.12.2017 and consequently, direct the 2nd respondent to restore the revenue records as patta land which was wrongly mentioned as Poramboke in Town Survey Register.

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For Petitioner : Mr. M.Rajendiran For Respondents : Mr.L.S.M.Hazan Faizal, Additional Government Pleader for R4.

Mr.J.Ravindran, Additional Advocate General, assisted by Mr.Mohamed Sathik, Government Advocate for R1 and Mr.D.B.R.Prabhu for R2 and R3 * * *

ORDER

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The case of the petitioner is that petition mentioned lands are her patta lands. According to her, they were purchased by a registered sale deed dated 02.11.1999 (Document No.8824/1999) on the file of the Sub Registrar, Thiruvallur from the previous owner. The petitioner also claims that patta stands in her name. The grievance of the petitioner is that the respondents are now trying to put up fence / compound wall even on her patta lands.

3.The stand of the respondents is that only the boundaries of cooum river are being demarcated and nothing else.

4.The petitioner had already given representation dated 11.12.2017. The jurisdictional District Revenue Officer will issue notice to the petitioner and others and pass a speaking order after holding an enquiry. The petitioner will be given personal hearing and a speaking order shall be passed. The respondents can put up fencing / erect 2/4

compound wall based on the outcome of the said enquiry. Till then, the status quo as on date, shall be maintained. We make it clear that we have not gone into the merits of the matter.

5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S., J.) & (V.L.N., J.) ...07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No ias To:

1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Commissioner, Chennai Corporation, Rippon Buildings, Chennai.

3.The Zonal Officer, VII Zone, Chennai.

4.The Executive Engineer, Public Works Department, Ambattur, Chennai.

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G.R.SWAMINATHAN, J.

AND V.LAKSHMINARAYANAN, J.

ias .......07.2025 4/4