Madras High Court
R.Prakash vs The District Collector on 30 September, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.43011 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.43011 of 2016
and W.M.P.Nos.36862 & 36940 of 2016
R.Prakash ... Petitioner
Vs.
1.The District Collector,
Office of District Collector,
Singaravelan Maligai,
Chennai – 600 001.
2.The Tahsildar,
Tambaram Taluk,
Office of the Tahsildar,
Tambaram, Chennai – 600 045.
3.The Special Tahsildar,
(land handover)
Saidapet, Chennai – 600 045.
4.The Commissioner,
Corporation of Chennai,
Rippon Buildings,
Chennai - 600 003.
5.Assistant Revenue Officer,
Corporation Revenue Department,
Zone-14,
Corporation of Chennai,
Chennai – 600 100.
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W.P.No.43011 of 2016
6.Ravi alais Ravi Kumar
7.B.Surrender Vyas
8.Chandermul Jain
9.L.Mohammed Sadiq Ali
10.Mrs.Nilopher Jahan
11.N.A.Mohideen Kapoor
12.The District Registrar,
Madras South,
Chennai. ...
Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Mandamus, to direct the 12th respondent to cancel
the documents being the alleged Sale Deeds executed upon the fabricated
and fraudulent documents pertaining to property being all that piece and
parcel of land together with the small building structure comprising of two
rooms comprised in Survey No.23/A1, Pallikaranai Village No.119, Plot
No.9, Thandhai Periyar Nagar, land of an extent of 1500 square feet,
Pallikaranai, Chennai – 600 119 in favour of the respondents 9 to 11 vide
documents bearing i)Sale Deed dated 31.07.2007 registered as Document
No.5893 of 2007 on the file of the District Registrar of South Madras, ii)
Sale Deed dated 06.08.2008 registered as Document No.5202/2008 on the
file of the District Registrar of South Chennai, iii)Sale Deed dated
04.08.2015 registered as Document No.9916/2015 on the file of the
District Registrar, Madras South, during the pendency of the Writ Petition.
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W.P.No.43011 of 2016
For Petitioner : Mr.A.Palaniappan
For Respondents : Mr.T.K.Saravanan for R1 to R3
Government Advocate
Mr.K.Govi Ganesan for R11
Mr.G.T.Subramanian for R4 & R5
ORDER
This Writ Petition has been filed to direct the twelfth respondent to cancel the documents being the alleged Sale Deeds executed upon the fabricated and fraudulent documents pertaining to property being all that piece and parcel of land together with the small building structure comprising of two rooms comprised in S.No.23/A1, Pallikaranai Village No.119, Plot No.9, Thandhai Periyar Nagar, land of an extent of 1500 square feet, Pallikaranai, Chennai – 600 119 in favour of the respondents 9 to 11 vide documents bearing i)Sale Deed dated 31.07.2007 registered as Document No.5893 of 2007 on the file of the District Registrar of South Madras, ii) Sale Deed dated 06.08.2008 registered as Document No.5202/2008 on the file of the District Registrar of South Chennai,
iii)Sale Deed dated 04.08.2015 registered as Document No.9916/2015 on the file of the District Registrar, Madras South, during the pendency of the Writ Petition.
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2.The case of petitioner is that he is the absolute owner of the property being all that piece and parcel of land with the small building structure comprising of two rooms comprised in S.No.23/A 1, Pallikaranai Village No.119, Plot No.9, Thandhai Periyar Nagar, land of an extent of 1500 sq.ft. The said property was under continuous possession and enjoyment by the petitioner and that he was under the effective control of the said property. Originally, the said property was a vacant land and subsequently two rooms were put up in the said property at his instance. According to the petitioner, he is in effective possession and enjoyment of the property and that the respondents 6 to 11, who are trying to snatch the property from him by unlawful means have only created fraudulent documents but had never taken possession in respect of the said property which is still under his effective control. Hence, the writ petition has been filed.
3.Learned counsel for the petitioner would submit that the petitioner filed a Writ Petition for Mandamus to cancel the documents created by the private respondents.
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4.Learned counsel appearing for the eleventh respondent would submit that already the eleventh respondent filed a suit in O.S.No.315 of 2017 on the file of Mahila Court, Chengalpet against the petitioner and other persons.
5.Heard learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3, the learned counsel for the respondents 4 and 5 and the learned counsel for the eleventh respondent and perused the materials available on record.
6.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, this Court permits the petitioner to make appropriate representation before the twelfth respondent in terms of Section 77A of the Registration Act within a period of two weeks from the date of receipt of a copy of this order. If such a representation is received, the twelfth respondent is directed to pass appropriate orders on merits and in accordance with law after affording an opportunity of personal hearing to the petitioner as well as the private respondents.
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7.With the aforesaid direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
30.09.2022 Index : yes/no Speaking Order:yes/no pam https://www.mhc.tn.gov.in/judis 6/8 W.P.No.43011 of 2016 To
1.The District Collector, Office of District Collector, Singaravelan Maligai, Chennai – 600 001.
2.The Tahsildar, Tambaram Taluk, Office of the Tahsildar, Tambaram, Chennai – 600 045.
3.The Special Tahsildar, (land handover) Saidapet, Chennai – 600 045.
4.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.
5.Assistant Revenue Officer, Corporation Revenue Department, Zone-14, Corporation of Chennai, Chennai – 600 100.
6.The District Registrar, Madras South, Chennai.
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