Madras High Court
S.Pawan Kumar vs The Commissioner And Director on 21 April, 2021
Author: V.Bharathidasan
Bench: V.Bharathidasan
W.P.No.9907 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
W.P.No.9907 of 2021
and
W.M.P. No.10524 of 2021
S.Pawan Kumar,
S/o. Shanthilal Jain ... Petitioner
Versus
1. The Commissioner and Director
of Survey and Settlement,
Survey House, Chepauk,
Chennai-600 005.
2. The Settlement Officer,
O/o. The Commissioner and
Director of Survey and Settlement,
Survey House, Chepauk,
Chennai-600 005.
3. The Assistant Settlement Officer,
(North),
O/o. Director of Survey and Settlement,
Survey House, Chepauk,
Chennai-600 005.
1/9
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W.P.No.9907 of 2021
4. The Special Tahsildar,
Town Survey,
Revenue Follows up Work,
Avadi-600 071.
5. P.Jayachandran
S/o. Ramasubbu
6. M.Ulaganathan
S/o. K.Mari
7. G.Vivekanandan,
S/o. Ganapathy Gramani
8. R.Rajalakshmi
W/o. Ramachandran
9. S. Jayashankar,
S/o. Sundaramurthy
10. S.Om Prakash,
S/o. Sugunasekaran
11. G.Inbasekaran,
S/o. Late Ganapathy Gramani
12. G.Deviramani,
W/o. Pasupathy
13. P.G.Babu,
S/o. Late Ganapathy Gramani
14. V.Amarajothi,
S/o. Vijayarangan
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W.P.No.9907 of 2021
15. Devasundari,
W/o. Sivakumar
16. D.Meerabai,
W/o. Dhamodharan
17. P.G.Bhaskar
S/o. Late Ganapathy Gramani
18. M.Vasanthi,
W/o. Muthukumaran
19. P.G.Sivakumar,
S/o. Ganapathy Gramani
20. T.Shanthi,
S/o. Late Thirugnanam Gramani
21. S.Shankari,
W/o. Late Shanmuga Gramani
22. C.S.Rajesh
S/o. Late Subramani
23. V.Amrudha,
W/o. M.Vishvanathan
24. T.Gowri,
D/o. Late Thiyagaraja Gramani
25. T.Iyappan,
S/o. Late Thiyagaraja Gramani
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W.P.No.9907 of 2021
26. T.Devi,
D/o. Late Thiyagaraja Gramani
27. S.Dinesh,
S/o. R.Sekar ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, forbearing the 4th
respondent herein from conducting the enquiry in pursuance to his
proceedings dated 30.11.2020 in Na.Ka.95/2020 till the disposal of the Civil
Suits in O.S.No.89/2020, 91/2020 and 93/2020 pending before the District
Munsif Court, Poonamallee.
For Petitioner : Mr.Murali,
for My Lord Law Associates
For Respondents : Mr.T.M.Pappiah,
Special Govt. Pleader for R1 to R4
ORDER
(The case has been heard through video conference) This Writ Petition has been filed seeking a direction forbearing the 4th respondent herein from conducting the enquiry regarding transfer of patta till the disposal of civil suits filed by the petitioner. 4/9 https://www.mhc.tn.gov.in/judis/ W.P.No.9907 of 2021
2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the respondents 5 to 27, notice to the respondents 5 to 27 are dispensed with.
3. The grievance of the petitioner is that he is the owner of property in various Survey Nos. 103/1, 89/2A, 89/3, 89/4, 89/5, 89/6 and 91/3, totally an extent of Ac. 3.87 cents in Paleripattu Village, Poonamallee Taluk, Thiruvallur District and he has purchased the same from various persons. Subsequently, he is taking steps to develop the property. Recently, the respondents 8 to 26 claiming right over the property given power of attorney in favour of respondents 5 to 7 and they have entered into various sale agreements with the 27th respondent. Now, they are taking steps to transfer the property. In the said circumstances, the petitioner said to have filed Civil Suits in O.S. Nos.89, 91 and 93 of 2020 seeking to declare the power of attorney as well as sale agreement as null and void on the file of District Munsif Court, Poonamallee and the suits are pending. In the meanwhile, the 5th and 7th respondents, power of attorney holders, have 5/9 https://www.mhc.tn.gov.in/judis/ W.P.No.9907 of 2021 approached the 4th respondent Tahsildar seeking for transfer of patta and filed the application. Considering the application, the 4th respondent Tahsildar has also sent a notice of enquiry to the petitioner, for which, the petitioner appeared for enquiry and raised his objections and also said to have produced documents to establish his title. Now, the enquiry is pending. In the meantime, the petitioner has filed the present Writ Petition for restraining the 4th respondent Tashildar from conducting any enquiry till the disposal of civil suits.
4. The learned counsel appearing for the petitioner would submit that the petitioner has purchased the property from valid title holders and the respondents 8 to 6, absolutely, have no right over the property. They have fraudulently executed a power of attorney in favour of respondents 5 to 7 and based on that, they have also entered into sale agreement with the 27th respondent. Subsequently, the petitioner has filed civil suits on the file of District Munsif Court, Poonamallee and until the suit is disposed of, the 4th Respondent Tahsildar cannot pass any orders in the patta proceedings. 6/9 https://www.mhc.tn.gov.in/judis/ W.P.No.9907 of 2021
5. I am unable to appreciate the contention of the petitioner. Admittedly, on a application filed by the rival claimants, the enquiry is pending, the petitioner has also appeared for enquiry, and raised his objection and the enquiry is still pending. The petitioner also subjecting himself to the jurisdiction of Tahsildar and appeared for enquiry. The pendency of the civil suit is not a ground to prevent the statutory authority from discharging his duties. Hence, I find no merit in the present Writ Petition. Accordingly, this Writ Petition stands dismissed. However, the 4th Respondent Tahsildar is directed to complete the enquiry and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner as well as respondents 5 to 27, within a period of eight weeks from the date of receipt of copy of this order. No costs. Consequently, the connected Writ Miscellaneous Petition is also closed.
21.04.2021 rpp 7/9 https://www.mhc.tn.gov.in/judis/ W.P.No.9907 of 2021 To
1. The Commissioner and Director of Survey and Settlement, Survey House, Chepauk, Chennai-600 005.
2. The Settlement Officer, O/o. The Commissioner and Director of Survey and Settlement, Survey House, Chepauk, Chennai-600 005.
3. The Assistant Settlement Officer, (North), O/o. Director of Survey and Settlement, Survey House, Chepauk, Chennai-600 005.
4. The Special Tahsildar, Town Survey, Revenue Follows up Work, Avadi-600 071.
8/9 https://www.mhc.tn.gov.in/judis/ W.P.No.9907 of 2021 V.BHARATHIDASAN, J.
rpp W.P.No.9907 of 2021 and W.M.P. No. 10524 of 2021 21.04.2021 9/9 https://www.mhc.tn.gov.in/judis/