Madras High Court
Subba Reddy Charities vs Member Secretary on 3 July, 2015
Author: R.Sudhakar
Bench: R.Sudhakar, K.B.K.Vasuki
In the High Court of Judicature at Madras
Dated: 03.07.2015
Coram
The Honourable Mr.JUSTICE R.SUDHAKAR
and
The Honourable Ms.JUSTICE K.B.K.VASUKI
Writ Petition No.19655 of 2015
Subba Reddy Charities
rep. by Managing Trustee
AJ Yuvaraj Reddy
..... Petitioner
Vs.
1. Member Secretary,
Chennai Metropolitan Development Authority,
Chennai - 600 008.
2. Commissioner,
Corporation of Chennai,
Chennai - 600 003.
3. Asst. Commissioner,
Zone X11, Alandur District,
Alandur, Chennai - 600 016.
4. Spl. Tahsildar, Alandur District,
Alandur, Chennai - 600 016.
5. The Inspector-General of Registration,
Santhome, Mylapore, Chennai - 600 004.
6. The Sub-Registrar, Registrar Office,
Registrar office Saidapet Chennai-600 015
7 A.Sankaranarayan
No.3 & 4 Thadikaraswamy Koil Street
Alandur Chennai-600 016.
8 ATP Venkatachalapathy
No.9/5 & 29/13 Thadikaraswamy Koil Street
Alandur Chennai-600 016.
9 Elumalai Chettiar
(leading 24 encroachers S/o.chinnaram
Chettiar 631 Mangulam MKN Road Guindy
Chennai-600 032.
10 E.Ramesh
S/o.CM Elumalai 627 MKN Road Guindy
Chennai-600 032.
11 R.Banumathi
W/o.E.Ramesh No.631/B MKN Road Guindy
Chennai-600 032.
12 K.Selvam
S/o.I.S.Karuppiah 639 MKN Road Guindy
Chennai-600 032.
13 N.Krishnan
S/o.Narayanan 632 MKN Road Guindy
Chennai-600 032.
14 M.Raji
MKN Road Guindy Chennai-600 032.
15 Amutha Sekar
D/o.Sekar 636 MKN Road Guindy Chennai-
600 032.
16 M.jayam
W/o.E.Muthu 633C MKN Road Guindy Chennai-
600 032.
17 N.Fasal Ahmed
S/o.A.Noor Mohamed 636/2A MKN Road Guindy
Chennai-600 032.
18 M.Abbas
S/o.Muthu Vappa Maraikayar 5 MKN Road
Guindy Chennai-600 032.
19 M.K.Haja
S/o.Meeran Maraickayar 8/B MKN Road
Guindy Chennai-600 032.
20 E.Anbu
S/o.Elumalai 633 MKN Road Guindy Chennai-
600 032.
21 M.A.Syed Masoodh
S/o.Ahammad Shah 633 MKN Road Guindy
Chennai-600 032.
22 A.Jindha Syed Umar
S/o.KMA Mugin Abdul Khadar 636/1 MKN Road
Guindy Chennai-600 032.
23 M.Syed Bahruddin
S/o.Mohammed Avuliya 636 MKN Road Guindy
Chennai-600 032.
24 M.Salma Bivi
S/o.Mohammed Mustafa 636 MKN Road Guindy
Chennai-600 032.
25 M.Moideen
3 MKN Road Guindy Chennai-600 032.
26 Y.Shaul Hameed
S/o.A.Yusuf 7B MKN Road Guindy Chennai-
600 032.
27 P.Usharani
S/o.Achayappan 636 MKN Road Guindy
Chennai-600 032.
28 PMU Mohammed A.S.Abdul Kareem
S/o.KPM Udumsan Mohaideen 4 MKN Road
Guindy Chennai-600 032.
29 Abdul Sxalam
S/o.Hameed 636B MKN Road Guindy Chennai-
600 032.
30 I.Daniyal Raj
S/o.D.Issac Raj 3 MKN Road Guindy
Chennai-600 032.
31 S.A.Rahman
S/o.S.Sheik Kalaiman 4 MKN Road Guindy
Chennai-600 032.
32 K.S.Samusudeen
S/o.P.M.Mohammed Ibrahim 5 MKN Road
Guindy Chennai-600 032.
33 R.Kumar
S/o.Arumugam 13/3 MKN Road Guindy
Chennai-600 032.
34 K.O.Kasali Maraickayar
(Leading 42 encroachers) S/o.Ibrahim 10
MKN Road Guindy Chennai-600 032.
35 B.Meeraza
S/o.Buhari 2 MKN Road Guindy Chennai-600
032.
36 M.H.Umar
S/o.MPM Hanifa 2A MKN Road Guindy
Chennai-600 032.
37 A.Sultan Allaudin
S/o.Abdul 3 MKN Road Guindy Chennai-600
032.
38 S.M.Abdul
3 MKN Road Guindy Chennai-600 032.
39 S.Mali
S/o.Seikh Sulaiman 4 MKN Road Gandhi
Market Guindy Chennai-600 032.
40 M.Abbas
S/o.Meeran Mohideen 5 MKN Road Gandhi
Market Guindy Chennai-600 032.
41 M.K.B.Ibrahim
6 MKN Road Gandhi Market Guindy Chennai-
600 032.
42 M.Muthu
S/o.Mohideen Pitchai 7 MKN Road Gandhi
Market Guindy Chennai-600 032.
43 A.Mohamed hanifa
S/o.Abdulla 9 MKN Road Gandhi Market
Guindy Chennai-600 032.
44 J.Beer Mohaideen
S/o.Jailani 10A MKN Road Gandhi Market
Guindy Chennai-600 032.
45 M.P.M.Hanifa
S/o.Mohideen Pitchai 10B MKN Road Gandhi
Market Guindy Chennai-600 032.
46 S.K.Sikkander
S/o.MH Ummar 10C MKN Road Gandhi Market
Guindy Chennai-600 032.
47 A.Ameer
S/o.Abbas 10D MKN Road Gandhi Market
Guindy Chennai-600 032.
48 T.O.S. Mohamed Kasim
S/o.Usman 11 MKN Road Gandhi Market
Guindy Chennai-600 032.
49 K.Jailani
S/o.TOS Kasim 11A MKN Road Gandhi Market
Guindy Chennai-600 032.
50 Mohamed Usma
S/o.K.M.Jamal 11B MKN Road Gandhi Market
Guindy Chennai-600 032.
51 A.K.R.Farook
12 MKN Road Gandhi Market Guindy Chennai-
600 032.
52 D.Rajagopal
12 MKN Road Gandhi Market Guindy Chennai-
600 032.
53 Sheik Abdul Khader @ Ibrahim
S/o.M ohamed Sali 12A MKN Road Gandhi
Market Guindy Chennai-600 032.
54 P.Jahir Hussain
S/o.Mohideen Pitchai 27 MKN Road Gandhi
Market Guindy Chennai-600 032.
55 H.Sahul Hameed
S/o.Haneefa 261 MKN Road Gandhi Market
Guindy Chennai-600 032.
56 M.Sellavappa
S/o.Mahaideen Pitchai 25 MKN Road Gandhi
Market Guindy Chennai-600 032.
57 M.Bava Mohideen
S/o.Mederan Mohideen 24 MKN Road Gandhi
Market Guindy Chennai-600 032.
58 S.Naina Mohammed
S/o.Sahul Hameed 23 MKN Road Gandhi
Market Guindy Chennai-600 032.
59 N.Buhari
S/o.Nagore Meeran 22 MKN Road Gandhi
Market Guindy Chennai-600 032.
60 K.Ismail
S/o.Kaja Mariackayar 21 MKN Road Gandhi
Market Guindy Chennai-600 032.
61 K.Mohammed Ibrahim
S/o.KOP Kaassali 20 MKN Road Gandhi
Market Guindy Chennai-600 032.
62 A.Hyder
S/o.Abdul Khader 19 MKN Road Gandhi
Market Guindy Chennai-600 032.
63 A.Sulaiman
S/o.Abdulla 18 MKN Road Gandhi Market
Guindy Chennai-600 032.
64 A.Mehadab Ali
S/o.O.B.Aliyar 17 MKN Road Gandhi Market
Guindy Chennai-600 032.
65 P.Jahir Hussain
S/o.Buhari 16 MKN Road Gandhi Market
Guindy Chennai-600 032.
66 Abdul Khader
S/o.Shums Maraickayar 5A MKN Road Gandhi
Market Guindy Chennai-600 032.
67 S.Abdul Rehman
S/o.Srikh Sulaiman 4A MKN Road Gandhi
Market Guindy Chennai-600 032.
68 A.Sheikh
Masjid Mariakayar
69 S.Abdul Rahman
S/o.Sheriff 38 MKN Road Gandhi Market
Guindy Chennai-600 032.
70 Swaroop Singh
S/o.Inder Singh 30 MKN Road Gandhi Market
Guindy Chennai-600 032.
71 Mohamec Kasim
S/o.Abdul Rahman 12 MKN Road Gandhi
Market Guindy Chennai-600 032.
72 Thangaraj
S/o.Devar 11 MKN Road Gandhi Market
Guindy Chennai-600 032.
73 Noorjahan
S/o.S.Ammer Amsa 10 MKN Road Gandhi
Market Guindy Chennai-600 032.
74 K.Asrafali
S/o.Kassali Marickayar 9 MKN Road Gandhi
Market Guindy Chennai-600 032.
75 S.Khader Mohideen
7B MKN Road Gandhi Market Guindy Chennai-
600 032.
.... Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of Writ of Mandamus directing 5th and 6th respondents to submit records in Book No.3 (Register of Wills and authorities to adopt)- volume 10, pages 104-109) to identify the trust property governed by High Court scheme decree in order to remove encroachers as notified E2/11440/26-4-2002 and to act as decided in AIR BOM 145 in order to restore Mangulam to its original position as per WILL registered on 25-1-1922 at Sub-Registrar's office, Saidapet.
For Petitioner : Mr.A.J.Yuvaraj Reddy
(Party-in-person)
------------
O R D E R
(Order of the Court was made by R.SUDHAKAR,J.) The matter was originally posted for maintainability and thereafter, it was directed to be numbered.
2. The prayer in the Writ Petition is for issuance of writ of mandamus directing 5th and 6th respondents to submit records in Book No.3 (Register of Wills)- volume 10, pages 104-109, so as to identify the trust property governed by High Court scheme decree in order to remove encroachers in the so called Mangulam area, which according to the petitioner/party-in-person is a property subject matter of the Will executed by Subba Reddy Charities.
3. The petitioner/party-in-person claims to be a Managing Trustee is entitled to establish his right, title and interest before the appropriate forum. It is seen that in W.P.No.19179 of 2007, this Court, vide order dated 25.9.2008 directed the District Revenue Officer to complete the enquiry. The said Writ Petition was filed by one M.C.Elumalai Chettiar along with 24 others, in which, the petitioner herein was made as a party/5th respondent. This Court after giving audience to the fifth respondent/petitioner herein, passed the following order:
"6. Accordingly, the writ petitions are disposed of with a direction to the District Revenue Officer to complete the enquiry in the appeal filed by the petitioners under Section 10 of the Land Encroachment Act, 1905 , originally before the District Collector, which was subsequently transferred to him and pass appropriate orders on merits and in accordance with law, after giving opportunity to the petitioners as well as the 5th respondent, namely, Subba Reddy Charities rep. by Managing Trustee,A.J. Yuvaraj Reddy, 395, MKN Road, Alandur, Chennai 600016 expeditiously, within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that the till Distirct Revenue Officer passes appropriate orders status quo as it exists as on date shall be continued and final decision will be taken based on the orders to be passed by the District Revenue Officer in accordance with the directions given by this Court."
4. It is seen from the typed set of papers that the above-said order of the learned single Judge was complied by the District Revenue Officer vide proceedings No.12259/2004 No.1 dated 02.02.2010 against the present petitioner.
5. The petitioner/party-in-person states that his claim for declaring it as a trust property was rejected by the District Revenue Officer and aggrieved against the same, he has filed an appeal before the Principal Secretary and Commissioner of Land Administration, who confirmed the order of the District Revenue Officer and rejected the appeal vide proceedings R.C.No.T1/5994/2010 dated 24.08.2012. The petitioner further states that as against the order of the Principal Secretary and Commissioner of Land Administration, he has filed a Writ Petition and the same is pending before this Court in W.P.No.27698 of 2013. However, the details or proof have not been enclosed in the typed set of papers. He further states that now the same is pending before the Third Bench.
6. Be that as it may. The present Writ Petition has been filed for a limited prayer to procure the document in question. Today, when the matter is taken up at the behest of the petitioner, on the Court's insistence, the Joint Sub-Registrar, Saidapet has produced Document No.3 of 1922 and Book No.3 Volume 10 pages 104 to 109. The said documents have been received by the petitioner/party-in-person on 01.07.2015 itself in the Court.
7. It is the grievance of the petitioner that for want of this document, he could not pursue the matter effectively and the Registering Authorities were refusing to give a photocopy of the original document and therefore, he was handicapped. That difficulty has now been removed, as the petitioner has received the photocopy of the document referred to above from respondents 5 and 6 in the Court itself. Therefore, the substantial relief that the petitioner seeks has been complied with.
8. Insofar as the issue relating to declaration of the property, which is a subject matter of lis between the petitioner/party-in-person and the Revenue Department, vis-a-vis the encroachers, as pointed out by the petitioner, it can be decided only after W.P.No.27698 of 2013 finally decided either way on the basis of the petitioner's claim that it is trust property. At this stage, we do not find any justification to issue notice to the respondents, which will only multiply the proceedings. In any event, we also find that the Revenue Authority on their part has to remove the encroachers from the Mangulam lake.
9. It is the case of the petitioner that the property is a trust property covered by the High Court Scheme Decree in C.S.No.180 of 1948 dated 15.1.1953. It is for the petitioner to establish on the basis of the Will, copy of document No.3 of 1922 supported by the order of this Court in C.S.No.180 of 1948 dated 15.1.1953 to agitate his rights and claim the property as trust property in accordance with law. The petitioner pleads that he should be permitted to place the affidavit of Elumalai Chettiar and 24 others filed in W.P.No.19179 of 2007 in support of his plea that the encroachers have accepted that it is a trust property. These encroachers as alleged have to be adjudicated in an appropriate proceedings and as we are not inclined to go into the disputed questions of fact at this stage, it may not be appropriate for us to do so.
10. In the result, as the relief sought for by the petitioner having been complied with, this Writ Petition stands disposed of. No costs.
Index :Yes/No (R.S.,J) (K.B.K.V.,J)
Internet:Yes/No 03.07.2015
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To
1. Member Secretary, Chennai Metropolitan Development Authority,
Chennai - 600 008.
2. Commissioner, Corporation of Chennai, Chennai - 600 003.
3. Asst. Commissioner, Zone X11, Alandur District,
Alandur, Chennai - 600 016.
4. Spl. Tahsildar, Alandur District, Alandur, Chennai - 600 016.
5. The Inspector-General of Registration, Santhome, Mylapore,
Chennai - 600 004.
6. The Sub-Registrar, Registrar Office,
Registrar office Saidapet Chennai-600 015
R.SUDHAKAR,J.
AND
K.B.K.VASUKI,J.
sl
Writ Petition No.19655 of 2015
03.07.2015