M/S.Ecolux Properties Pvt Ltd v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.36258 and 36299 of 2019 and 18683 of 2023 W.P.No.35426 of 2019 1.M/s.Ecolux Properties Pvt Ltd., Rep. by its Director - Devendra Kumar Bhandari, Shop No.2, Gee Gee Minar, 23, College Road, Chennai - 600 006.
2.M/s.Surana Leasing Pvt ltd., Rep. by its Director - Devendra Kumar Bhandari, Shop No.2, Gee Gee Minar, 23, College Road, Chennai - 600 006.
... Petitioners Vs.
1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Principal Secretary / Commissioner of Revenue Administration, 3.The District Collector, Villupuram District, Villupuram.
4.The Additional Collector, District Collectorate, Villupuram.
5.The Thasildar, Markanam Taluk, Marakanam.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take action on the Petitioners' representation dated 09.12.2019 consequently forbearing the respondents from acquiring Petitioners' private lands measuring 9.66 Acres comprised in S.No.195/2, 195/3, 195/4, 196/2 Keelputhupattu Village, Marakanam Taluk, Villupuram District.
For Petitioners : Mr.M.Sivavarthanan For Respondents : Mr.V.Arun, Additional Advocate General W.P.No.19408 of 2023 1.M/s.Ecolux Properties Pvt Ltd., Rep. by its Director - Devendra Kumar Bhandari, Shop No.2, Gee Gee Minar, 23, College Road, Chennai - 600 006.
2.M/s.Surana Leasing Pvt ltd., Rep. by its Director - Devendra Kumar Bhandari, Shop No.2, Gee Gee Minar, 23, College Road, Chennai - 600 006.
... Petitioners Vs.
1.The Commissioner of Land Administration,
2.The Additional District Collector (Revenue), Villupuram District Collectorate, Villupuram - 605 602. 3.The Sub Collector, Jakkampettai, Tindivanam, Villupuram District 604 001.
4.The Thasildar, Markanam Taluk, Marakanam.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to call for the records of the 1st respondent in connection with the impugned order in Letter No.G-1/5557/2020, dated 16.06.2022 wherein, the 1st respondent has refused to entertain the appeal dated 28.09.2021 filed by the Petitioners herein and quash the same and consequently direct the 1st respondent to consider the appeal of the Petitioners dated 28.09.2021 in connection with the proceedings of the 2nd respondent in B10/29293/2019 dated 13.11.2019 cancelling the patta number 2415 of the Petitioners in respect of the lands measuring about Acres 9.66 Cents of land comprised in S.Nos.195/2, 195/3, 195/4 and 196/2 at Keelpudhupattu Village, Marakkanam Taluk, Villupuram District as per law within a time frame fixed by this Hon'ble Court.
For Petitioners : Mr.M.Ramamoorthi For Respondents : Mr.V.Arun, Additional Advocate General C O M M O N O R D E R The Writ Petition in W.P.No.35426 of 2019 has been filed for directing the respondents to take action on the Petitioners' representation dated 09.12.2019, consequently forbearing the respondents from acquiring Petitioners'
private lands measuring 9.66 Acres comprised in S.No.195/2, 195/3, 195/4, 196/2 Keelputhupattu Village, Marakanam Taluk, Villupuram District. Subsequently, yet another Writ Petition in W.P.No.19408 of 2023 has been filed to call for the records of the 1st respondent in connection with the impugned order in Letter No.G-1/5557/2020
2. The learned counsel for the Petitioners mainly contended that in respect of the orders passed by the respondents, the Petitioners preferred an appeal on 28.09.2021, which is yet to be taken up for enquiry on the ground that an interim order of status quo is in force in W.P.No.35426 of 2019.
3. The learned counsel for the Petitioners made a submission that it would be suffice that both the Writ Petitions are disposed of with a direction to dispose of the appeal filed by the writ Petitioners on 28.09.2021.
4. In view of the above submission made on behalf of the Petitioners, the Commissioner of Land Administration is directed to dispose of the appeal filed by the writ Petitioners on 28.09.2021 by following the procedures and by affording opportunities to all other parties as expeditiously as possible.
5. With these directions, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. 18.08.2023 2/2 skr Index : Yes Speaking order To 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Principal Secretary / Commissioner of Revenue Administration, 3.The District Collector, Villupuram District, Villupuram.
4.The Additional Collector, District Collectorate, Villupuram.
5.The Thasildar, Markanam Taluk, Marakanam.
6.The Commissioner of Land Administration, 7.The Additional District Collector (Revenue), Villupuram District Collectorate, Villupuram - 605 602.
8.The Sub Collector, Jakkampettai, Tindivanam, Villupuram District 604 001.
S.M.SUBRAMANIAM, J.
skr 18.08.2023 2/2