Madras High Court
T.Raji vs The Secretary To Government on 18 March, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.17969 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.P.No.17969 of 2021
1.T.Raji
2.T.Panneerselvam
3.T.Balaji ... Petitioners
Vs.
1.The Secretary to Government,
Revenue Department,
Fort St. George, Chennai – 600 009.
2.The District Collector,
Thiruvallur Collector Office,
Thiruvallur – 602 001.
3.The Commissioner,
Avadi Corporation,
Avadi, Chennai – 600 054.
4.The Tahsildar,
Avadi Thasildar Office,
Modern City,
Dheena Dayalan Nagar,
Pattabiram, Chennai – 600 072.
5.Nagavalli ... Respondents
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W.P.No.17969 of 2021
(R5 impleaded vide order dated 18.03.2025
in W.M.P. No.21670 of 2021 in
W.P.No.17969 of 2021)
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Mandamus to direct the respondents to take
action on the petitioner's representation dated 04.08.2021 and
thereby to remove encroachment of their land to the extent of 3.5
cents wherein the third respondent Corporation has laid down road.
For Petitioners : Mr.N.Ganesh
For Respondents : Mr.T.K.Saravanan,
Additional Government Pleader
for R1, R2 and R4
Mr.RA.Gopinath for R3
Mr.C.Prabakaran for R5
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Mr.N.Ganesh, learned counsel for three writ petitioners, Mr.T.K.Saravanan, learned Additional Government Pleader for R1, R2 and R4, Mr.RA.Gopinath, learned Standing Counsel for R3 (Avadi Corporation) and Mr.C.Prabakaran, learned counsel for R5 (Ms.Nagavalli, W/o.Mr.Baskar) are before us.
2. We heard out all the aforementioned counsel.
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3. Subject matter of the captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) in terms of land is 'Survey No.719/9 (Town Survey No.34 and 94) in No.3, Paruthipattu Village (Ward 1), Avadi Town, Avadi Taluk, Thiruvallur District' (hereinafter 'said land' for the sake of convenience and clarity).
4. R5 before us (Ms.Nagavalli, W/o.Mr.Baskar) filed W.P.No.24227 of 2021 with a prayer for cancellation of patta qua said land in favour of writ petitioners before us. To be noted, three writ petitioners are R5 , R6 and R7 in W.P.No.24227 of 2021 and this writ petition came to be disposed of by a Hon'ble Single Judge in and by an order dated 15.11.2021 which reads as follows:
'IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.11.2021 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.24227 of 2021 Nagavalli ... Petitioner
-Vs-
1. The District Revenue Officer, Thiruvallur Collector Office, Thiruvallur-602 001.
2. The Revenue Divisional Officer, Thiruvallur.Page Nos.3/14
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3. The Commissioner, Avadi Corporation, Avadi, Chennai-600 054.
4. The Tahsildar, Avadi Tahsildar Office, Modern City, Dheena Dayalan Nagar, Pattabiram, Chennai-600 072.
5. T.Raji
6. T.Pannerselvam
7. T.Balaji ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 4th respondent to cancel the patta issued in favour of the respondents 5 to 7 in respect of Survey No.719/9A1A1A1A situate at Jeevanantham 5th Street, Paruthipattu village, Avadi Taluk, Thiruvallur District based on the representation of the petitioner dated 18.06.2021 forthwith.
For Petitioner : Mr.C.Prabakaran For R1 to R4 : Mr.A.Selvendran Special Government Pleader.
For R5 to R7 : Mr.K.Kannan ORDER This writ petition has been filed for issuance of Writ of Mandamus, directing the fourth respondent to consider the representationof the petitioner dated 18.06.2021 to cancel the patta issued in favour of the respondents 5 to 7 in respect of the property comprised in Survey No.719/9A1A1A1A situated at Jeevanantham 5th Street, Paruthipattu Village, Avadi Taluk, Thiruvallur District.
2. Heard, Mr.C.Prabakaran, learned counsel appearing for Page Nos.4/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2025 02:37:43 pm ) W.P.No.17969 of 2021 the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.K.Kannan, learned counsel appearing for the respondents 5 to 7.
3. The case of the petitioner is that the petitioner owned property comprised in survey No.713/1B situated at Jeevanantham 5th Street, Paruthipattu village, Avadi Taluk, Thiruvallur District. The respondents 5 to 7 owned the land in survey Nos.761/9, 716/9A1A1A1A situated at Jeevanantham 5th Street, Paruthipattu village, Avadi Taluk, Thiruvallur District. There is a metal road existing width of 20 feet. The respondents 5 to 7 had derived title by the settlement deed from parent deed registered vide document No.2052 of 1980 only admeasuring to an extent of 8 cents. As per the said sale deed, the said property found on the north side of the 20 feet road. On the strength of the sale deed, the settlement deed was executed in favour of the respondents 5 to 7 herein on 29.08.1996. As per the settlement deed, they were settled to an extent of 2464 ½ , 1439 and 1876 sq.ft in total 5779.5 sq.ft. of land, which comes to 13 ¼ cents.
4. On the strength of the settlement deed, they were issued patta. They encroached the existing 20 feet road and now they are claiming that the road was laid on their patta land and to remove from the said land. They also filed a writ petition in W.P.No.17969 of 2021 and it is pending before the Hon'ble Division bench of this Court for disposal. Therefore, the petitioner filed a petition before the first respondent to conduct Page Nos.5/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2025 02:37:43 pm ) W.P.No.17969 of 2021 enquiry to cancel the patta in favour of the respondents 5 to 7 herein. Admittedly, the petitioner is the neighbour and who is not the owner of the property comprised in survey No.761/9, 716/9A1A1A1A. The petitioner was not claiming the patta over the property. However, the petitioner is being the adjacent owner of the subject property, he is using the road, which is located on the north side of the respondents 5 to 7 plots.
5. Whereas, the case of the respondents 5 to 7 is that they owned land admeasuring to an extent of 5779.5 sq.ft. On the strength of the settlement deed executed by their father dated 29.08.1996 and accordingly, they were issued patta. However, the third respondent laid road in their patta land and they filed writ petition in W.P.No.17969 of 2021 to remove the road after measurement. Accordingly, the fourth respondent conducted survey and found that they were settled the property by their father and as per the Avadi Town Survey, they were issued patta to an extent of 8 cents i.e., 0326 sq.mts in Ward No.I, Block No.21. The measurement is as follows : “Easten side - 14.06 mt, Western side – 22.3 mt, Northern side 22.3 mt and Southern side
- 15.8 mt, they constructed house and they are residing there. However, the remaining extent of 3 ½ cents is lying vacant. In the said vacant land, the third respondent laid Thar Road.
6. The learned Special Government Pleader submitted that the said road was partly removed. In fact, the petitioner is also impleaded as a party to the writ petition in W.P.No.17969 of 2021 filed by the respondents 5 to 7 and the same is still Page Nos.6/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2025 02:37:43 pm ) W.P.No.17969 of 2021 pending. Therefore, the Tahsildar surveyed the land and reported to this Court by a letter dated 12.09.2021.
7. In view of the above, the direction sought for in this writ petition cannot be granted and the writ petition is devoid of merits. However, the petitioner is at liberty to take the issue before the Hon'ble Division Bench of this Court in W.P.No.17969 of 2021.
8. In the result, the writ petition stands dismissed. No costs.'
5. Paragraphs 6 and 7 of the aforementioned judicial order make it clear that it is open to R5 to raise the issue in the captioned WP. It is in this view of the matter that implead petition of R5 has been allowed and all the counsel have been heard out.
6. The prayer of the writ petitioners in the captioned WP is predicated on a 'representation dated 04.08.2021' (hereinafter 'said representation' for the sake of convenience and clarity) wherein the writ petitioners have sought action qua removal of alleged encroachment of their land admeasuring 3.5 cents or thereabouts by R3 before us.
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7. Learned counsel for R3 before us submits that the jurisdictional Revenue Inspector has conducted a survey and has placed before us a survey report together with sketch and a scanned reproduction of the same are as follows:
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8. A careful perusal of the aforementioned report brings to light that R3 does not claim that there is any public road which vests in R3 qua said land. This by itself is curtains on the captioned main WP but if there are any issues as between the three writ petitioners on one side and R5 on the other and/or persons claiming under them, it is open to such persons and/or writ petitioners/R5 to approach the civil Court and seek suitable remedy. If such a course is adopted by the private parties before us, this Court makes it clear that the civil Court concerned shall try the matter on its own merits and in accordance with law untrammelled by this order wherein the report of the jurisdictional Revenue inspector dated 03.01.2025 has been recorded.
To put it differently, the 03.01.2025 report of the jurisdictional Revenue Inspector also can be tested by the civil Court if it becomes necessary to adjudicate the disputes between the parties.
9. Before we write the concluding paragraph of this order, it is deemed appropriate to record that learned counsel for writ petitioners submitted that R5 has encroached upon a waterbody. We express no opinion one way or the other on this aspect in this order but we leave all questions open and we make it clear that it is open to the writ Page Nos.11/14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2025 02:37:43 pm ) W.P.No.17969 of 2021 petitioners or any other person concerned to initiate suitable proceedings qua alleged encroachment in a waterbody. If such proceedings are initiated, the same will be tested by the Forum/Court concerned on its own merits and in accordance with law untrammelled by this order.
10. Captioned WP is disposed of in the aforesaid manner preserving all the rights and contentions of the parties if civil Court proceedings are initiated. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.)
18.03.2025
Index : Yes / No
Neutral Citation : Yes / No
mmi
To
1.The Secretary to Government,
Revenue Department,
Fort St. George, Chennai – 600 009.
2.The District Collector,
Thiruvallur Collector Office,
Thiruvallur – 602 001.
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W.P.No.17969 of 2021
3.The Commissioner,
Avadi Corporation,
Avadi, Chennai – 600 054.
4.The Tahsildar,
Avadi Thasildar Office,
Modern City,
Dheena Dayalan Nagar,
Pattabiram, Chennai – 600 072.
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W.P.No.17969 of 2021
M.SUNDAR, J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
mmi
W.P.No.17969 of 2021
18.03.2025
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