M/S.Rukmani v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Rukmani W/o.Mr.R.Padmanabhan ... Petitioner Vs.
1.
The Commissioner Thiruverkadu Municipality Thiruverkadu, Chennai-600 077.
2.
The Tahsildar Poonamallee Taluk Poonamallee Chennai-600 077.
3.
The Chief Executive Officer Central Government Employees Welfare Housing Organization and the Special Grade Town Panchayat Thiruverkadu.
4.
The Central Government Residental Complex Society Rep. by its President Society No.123, Poonamallee High Road Page Nos.1/15
Velappansavadi, Kendriya Vihar Chennai-600 077.
... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 3rd respondent to take steps to implement the representation to verify the revenue records and to measure the boundaries of the lands with the assistance of Taluk Surveyor comprised in S.No.77/9, 78/4, 83/1, 83/2, 84/1, 84/2 and 85/1 situated at Numbal Village, Velapanchavadi, Thriuverkadu, Chennai-600 077 and to remove the obstructing wall so as to have ingress and egress to the petitioner in case of encroachment.
For Petitioner :
Mr.S.Rajesh Kumar M/s.Nathan and Associates (Law Firm) For Respondents :
Mr.T.K.Saravanan Government Advocate, for R1 Mr.M.S.Arasa Kumar Government Advocate, for R2
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up, Mr.S.Rajesh Kumar, learned counsel of M/s.Nathan and Associates (Law Firm) on behalf of writ petitioner submitted that there is an obstruction in the form of wall in seven survey Page Nos.2/15
numbers namely, S.Nos.77/9, 78/4, 83/1, 83/2, 84/1, 84/2 and 85/1 situate at Numbal Village, Velapanchavadi, Thriuverkadu, Chennai-600 077.
2. Issue notice to official respondents i.e., respondents 1 and 2.
3. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 and Mr.M.S.Arasa Kumar, learned Government Advocate accepts notice for R2.
4. Learned State Counsel, on instructions submits that another writ petition namely, WP No.21694 of 2017 was filed with the same prayer and that was dismissed on 08.04.2024 (after appointment of an Advocate Commissioner and after getting a report from Advocate Commissioner) by a Hon'ble single Judge inter alia relying on another Division Bench order in W.P.No.20791 of 2017 with regard to the same survey number.
5. Owing to the limited scope of captioned WP and considering the acute angle on which the captioned matter turns, main WP was taken up with the consent of both sides preserving all rights and contentions of R3 and R4.
6. A scanned reproduction of afore-referred order dated 08.04.2024 in W.P.No.21694 of 2017 is as follows:
Page Nos.3/15
Page Nos.4/15
Page Nos.5/15
Page Nos.6/15
Page Nos.7/15
Page Nos.8/15
Page Nos.9/15
Page Nos.10/15
7. The aforementioned order speaks for itself. In paragraph No.11 of aforementioned order, there is a clear mention about earlier Division Bench order with regard to the same survey numbers. The aforementioned order also makes it clear that it has been made after appointing an Advocate Commissioner and getting a report from Advocate Commissioner.
8. Be that as it may, another interesting point comes to light. Paragraph No.2 of the aforementioned order makes it clear that writ petitioner in the earlier writ petition (W.P.No.21694 of 2017) namely Page Nos.11/15
Ms.R.Parimala is daughter of one Mr.S.T.Venugopal Naidu. A careful perusal of support affidavit in the captioned WP, more particularly paragraph No.3 thereat brings to light that writ petitioner Ms.Rukmani is also daughter of Mr.S.T.Venugopal Naidu. This means that writ petitioner in the earlier writ petition and writ petitioner before us in the captioned WP are siblings. To be noted, paragraph No.3 of support affidavit of captioned WP reads as follows:
'3. I most respectfully submit that the property comprised in S.No.83/3A, corresponding to Old S.No.42/8 to 10, situated in Numbal Village, Velappanchavadi, Thiruverkadu, Chennai. This property belonged to my late father Mr.S.T.Venugopal Naidu, who acquired it through a family partition deed (Koorchit) dated 25.03.1973, under Patta No.334. My father passed away inte state on 13.12.1987, leaving behind his wife, Mrs.Radhammal, his sons Mr.Janakiraman, Mr.V.Parthasarathy, myself and five other daughters as his legal heirs. Consequently, each of us is entitled to a 1/10th share in this and other properties.'
9. In the light of the narrative thus far, we find no reason to entertain the captioned WP.
10. Before we conclude, we make it clear that filing of multiple writ petitions with regard to the same relief is definitely a practice which Page Nos.12/15
deserves to be avoided.
11. Ergo, the sequitur is, captioned WP is dismissed. Owing to the fair nature of submissions made, we refrain ourselves from imposing costs. (M.S.,J.) (K.R.S.,J.) 12.11.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.13/15
To 1.
The Commissioner Thiruverkadu Municipality Thiruverkadu, Chennai-600 077.
2.
The Tahsildar Poonamallee Taluk Poonamallee Chennai-600 077.
3.
The Chief Executive Officer Central Government Employees Welfare Housing Organization and the Special Grade Town Panchayat Thiruverkadu.
4.
The Central Government Residental Complex Society Rep. by its President Society No.123, Poonamallee High Road Velappansavadi, Kendriya Vihar Chennai-600 077.
Page Nos.14/15
M.SUNDAR, J., and K.RAJASEKAR, J., mk 12.11.2024 Page Nos.15/15