Madras High CourtWP/41175/2025disposed of

M.Rajeswari v. The Collector

2025-11-04Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 46118 OF 2025

1. M.Rajeswari W/o.D.Madhavan, No.9, Raja Garden, Peravallur, Chennai-600 082 Petitioner(s) Vs

1. The Collector Fourth Floor M.Singaravelar Maaligai, 62 Rajaji Salai, Chennai Collectorate, Chennai-600 001 2.Revenue Divisional Officer(rdo) Rettai Kuzhi Street, Tondiarpet, Chennai-600 081(near Tondiarpet, Chennai-600 081(near Tondiarpet H5 Police Station), 3.District Revenue Officer(dro), The Collector, 62, Rajaji Salai, Chennai-600 001 4.THASILDAR 18/31, Palliarasan Street, Aspiran Garden Colony, Kumaran Nagar, Kilpauk, Chennai-600 010 5.V.Chandra W/o.S.Venkatesan, No.9-a,

Raja Garden, Paper Mills Road, Peravallur, Chennai-600 082 Respondent(s) PRAYER This writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 20.6.2025 and direct the 1st respondent to issue direction to the 2nd respondent to take action on the petitioner complaint and to cancel the patta granted in favour of the 5th respondent for the petitioner property in survey No.R.S.No.252, T.S.No.2/1 Block No.33 in plot No.9, Southern side District of Sembiam, Chennai, Peravallur village and pass orders.

For Petitioner(s): Mr.P.Chandrasekar For Respondent(s):

Mr.N.Naveen Kumar Government Advocate for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to consider the representation made by the petitioner on 20.06.2025 and to direct the 1st respondent to issue necessary direction to the 2nd respondent to take action on the complaint given by the petitioner seeking for cancellation of patta issued in the name of the 5th respondent.

Heard Mr.P.Chandrasekar, learned counsel for the petitioner and Mr.N.Naveen Kumar, learned Government Advocate for the respondents 1 to 4.

The grievance of the petitioner is that based on the settlement deed dated 19.07.2002, the 5th respondent who has absolutely no right over the subject property has been issued patta. This came to light only when the surveyor was summoned as a witness in a pending suit in OS No.6412 of 2022 on the file of the 7th Additional City Civil Court, Chennai. Immediately, thereafter a representation was made by the petitioner on 20.06.2025 for cancellation of the patta issued in the name of the 5th respondent. Since the same was not considered, the present writ petition has been filed before this Court.

In the considered view of this Court, when the proceedings are pending before the Civil Court, the revenue authorities cannot conduct a parallel enquiry based on the complaint given by the petitioner. However, it is made clear that the Civil Court before which the suit has been filed, shall independently deal with the

rights and claims made by both sides without being influenced by the patta issued in favour of the 5th respondent. This clarity will sufficiently take care of the interest of the petitioner. 5.

This writ petition is disposed of with the above directions, No costs. Consequently, the connected miscellaneous petition is closed.

04-11-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Collector Fourth Floor M.Singaravelar Maaligai, 62 Rajaji Salai, Chennai Collectorate, Chennai-600 001 2.Revenue Divisional Officer(rdo) Rettai Kuzhi Street, Tondiarpet, Chennai-600 081(near Tondiarpet, Chennai-600 081(near Tondiarpet H5 Police Station), 3.District Revenue Officer(dro), The Collector, 62, Rajaji Salai, Chennai-600 001 4.THASILDAR 18/31, Palliarasan Street, Aspiran Garden Colony, Kumaran Nagar, Kilpauk, Chennai-600 010 5.V.Chandra W/o.S.Venkatesan, No.9-a, Raja Garden, Paper Mills Road, Peravallur, Chennai-600 082

N.ANAND VENKATESH J.

rka WMP NO. 46118 OF 2025 04-11-2025