Mrs.V.Shanthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.Nos. 38657 & 38659 of 2024 V. Shanthi Represented by General Power of Attorney Agent, R. Gokul Kannan ... Petitioner Vs
1. The District Collector Chengalpattu District Chengalpattu
2. The Revenue Divisional Officer Revenue Divisional Office, Guindy, Chennai - 600 032
3. The Special Tahsildar Land Administration, Alandur No.15/17, Military Quarters, Alandur, Chennai - 600 016
4. The Sub Registrar, Alandur 1/8
No.15/17, Military Quarters, Alandur, Chennai - 600 016
5. B. Harikumar
6. H.Saraswathi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the 3rd respondent herein in Na.Ka.No.662/2018/a dated 10.07.2018 and quash the same. Further direct the 2nd respondent to expedite the enquiry pending on petitioner's complaint dated 22.07.2023 and pass orders within a stipulated time.
For Petitioners :
Mr.M.Deivanandam For Respondents 1 to 4 :
Mr.A.Selvendran Special Government Pleader
ORDER
The above petition has been filed for the following relief: "To issue a writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the 3rd respondent herein in Na.Ka.No.662/2018/a dated 10.07.2018 and quash 2/8
the same and consequently, direct the 2nd respondent to expedite the enquiry pending on petitioner's complaint dated 22.07.2023 and pass orders within a stipulated time."
2. It is the case of the petitioner that she has purchased the subject property on 14.12.2009 from one Periyanayaki Aachi Udaiyappan and Muthukumar Udaiyappan. After the purchase, she was issued with the joint patta. The petitioner would submit that she has been in absolute possession and enjoyment of the property. When she visited the property with her Power Agent on 14.12.2009, one Sarasa claimed to be the owner of the subject property by showing a patta bearing No.1446/96/a1. Therefore, the petitioner had filed a complaint before the District Collector, Kancheepuram on 15.10.2011. The 1st respondent directed the Tahsildar, Alandur to enquire into the matter . On 25.10.2011, an enquiry was also conducted . The Tahsildar had submitted a detailed report to the District Revenue Officer, 3/8
Kanchipuram stating that the patta produced by the said Sarasa was a bogus one. On the basis of this report, the District Revenue Officer, Kanchipuram declared the patta produced by the said Sarasa as a forged one and advised the petitioner to vacate the encroachers. Therefore, a complaint was lodged before the Central Crime Branch (CCB)-II, Anti Land Grabbing Special Cell, Chennai.
3. It appears that the said Sarasa had executed a Settlement Deed in favour of her husband, Muthu on 30.03.2012. On the basis of this settlement deed, the said Muthu had executed a will in favour of one Harikumar and the said Harikumar appears to have clandestinely obtained a patta in his name without notice to the petitioner. It was only in the year 2023 that this had come to the knowledge of the petitioner. A complaint was lodged before the 2nd respondent seeking cancellation of patta. The 3rd respondent had conducted an enquiry wherein the Power Agent of the petitioner, respondents 5 and 6 were enquired, statements recorded and documents were received. On 03.11.2023, a 4/8
report was submitted by the 3rd respondent to the 2nd respondent. The 2nd respondent thereafter conducted an enquiry by issuing summons on 23.11.2023. During the enquiry before the 2nd respondent, the petitioner came to learn that the joint patta was also cancelled by the then Special Tahsildar, Land Administration, Alandur vide proceedings dated 10.07.2018. This order has been passed without issuing notice either to the petitioner or the other owners. The patta has been cancelled within 17 days from the date of submission of the petition by the 5th respondent. Now, the 5th respondent, making using of the patta, had executed a Settlement Deed in favour of his wife, the 6th respondent and they are attempting to alienate the property.
4. Heard the learned counsels on either sides.
5. This order is being passed at the admission stage itself considering the fact that the impugned order cancelling the joint patta had been passed without notice to the petitioner which is a flagrant 5/8
violation of the principles of natural justice. Therefore, without going into the merits of the case, the impugned order dated 10.07.2018 is set aside and the matter is remitted back to the 3rd respondent. The 3rd respondent is directed to consider the application of the petitioner afresh and pass orders on merits and accordance with law, after issuing notice to all the parties and affording them a personal hearing, within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 27.11.2024 Index: Yes/No Speaking order/non-speaking order srn To,
1. The District Collector Chengalpattu District Chengalpattu
2. The Revenue Divisional Officer Revenue Divisional Office, Guindy, Chennai - 600 032 6/8
3. The Special Tahsildar Land Administration, Alandur No.15/17, Military Quarters, Alandur, Chennai - 600 016
4. The Sub Registrar, Alandur No.15/17, Military Quarters, Alandur, Chennai - 600 016 7/8
P.T.ASHA, J., srn and W.M.P.Nos. 38657 & 38659 of 2024 27.11.2024 8/8