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Madras High Court

25 G. Srinivasan vs The District Collector on 20 June, 2022

Author: Munishwar Nath Bhandari

Bench: Munishwar Nath Bhandari

                                                                       W.P.No.26805 of 2019



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:   20.06.2022

                                                      CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                         AND
                                        THE HON'BLE MRS.JUSTICE N.MALA
                                                W.P.No.26805 of 2019
                                           and WMP No.26201 of 2019

                     1      R.Saravanan
                     2      Y. Sekar
                     3      Suresh Babu
                     4      S. Sebastin
                     5      Uthirapathy
                     6      Munusamy
                     7      C. Nirmala
                     8      Sumathi
                     9      Sarasu
                     10     Chitra
                     11     Ayyanar
                     12     Marimuthu
                     13     V.M. Selvaraj
                     14     Jayalakshmi
                     15     Mary Stella
                     16     D. Devagi
                     17     S. Periyasamy
                     18     A. Gomathi Nayagi
                     19     Jayalakshmi
                     20     M. Prakash
                     21     D. Kalistha
                     22     Murugan
                     23     Renuga Devi
                     24     Rajendran


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                                                                      W.P.No.26805 of 2019



                     25      G. Srinivasan
                     26      Vijaya Kabil
                     27      B. Kavitha
                     28      P. Raji
                     29      V.Jayanthi
                     30      M. Saraswathi
                     31      Pachaiyammal
                     32      Murugan
                     33      P. Maniveeran
                     34      Srinivasan
                     35      M. Radhakrishnan
                     36      R. Thenna Rangan
                     37      Sowriyammal
                     38      Mohamed Khaja
                     39      Kala Jeyajini
                     40      B. Kalaivani
                     41      K. Udhayakumar
                     42      Arokiaselvam
                     43      Mallika
                     44      Seethalakshmi
                     45      Deenadayalan
                     46      M. Ranjani
                     47      Kansili
                     48      P. Murugesan
                     49      A. Kala                                   .... Petitioners
                                                       Vs

                     1. The District Collector
                        Chennai District, Chennai.

                     2. The District Revenue Officer
                        Chennai District, Chennai.

                     3. The Tahsildar
                        Sholinganallur Taluk, Chennai District,
                        Chennai.                                       ... Respondents

                           Petition filed under Article 226 of the Constitution of India
                     seeking to issue a writ of Mandamus, forbearing the respondents not

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                     Page 2 of 6


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                                                                                       W.P.No.26805 of 2019



                     to evict the petitioners and Consequently directing the respondents
                     the District Collector Chennai to initiate appropriate steps to issue
                     patta for the petitioners in S.No.282/2, Injambakkam Village,
                     Shollinganallur Taluk called Bethel Nagar measuring a total extent of
                     20.78.0 Hectares, in which 09344 Square meter of land which is
                     Natham within the time stipulated by this Hon'ble court.

                                  For the Petitioner                 :     Mr.E.P.Senniyangiri

                                  For the Respondents        :     Mr.Mr.J.Ravindran
                                                                   AAG, assisted by
                                                                   Mr.A.Selvendran, Spl.G.P.
                                                                 *****

                                                                 ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed with the following prayer:

"To issue a writ of Mandamus, forbearing the respondents not to evict the petitioners and Consequently direct the respondent, The District Collector, Chennai to initiate appropriate steps to issue patta for the petitioners in S.No.282/2, Injambakkam Village, Shollinganallur Taluk called Bethel Nagar measuring a total extent of 20.78.0 Hectares, in which 09344 Square meter of land which is Natham, within the time stipulated by this Hon'ble Court."

2. The issue raised in this writ petition in regard to the area in question earlier came up before this Court in W.P.No.12125 of 2013 ___________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26805 of 2019 (between I.H.Sekar and The District Collector, Kancheepuram District and Others) and it was disposed of vide order dated 09.04.2015. Subsequently, as against the said order, contempt petition was filed in Cont.P.No.1874 of 2018 alleging disobedience of the order of this Court and pending contempt petition, Sub Applications have been filed, which were dismissed by order of this Court dated 07.04.2022, as against which the parties went on appeal before the Supreme Court by filing SLPs, which are pending.

In view of the above, the issue is now pending before the Supreme Court. In any case, the judgment dated 09.04.2015 passed in W.P.No.12125 of 2013 would apply to this writ petition also. Accordingly, this writ petition is disposed of in terms of the judgment passed in the writ petition referred supra. No costs.

Consequently, W.M.P.No.26201 of 2019 is closed.

(M.N.B., CJ.) (N.M., J.) 20.06.2022 Index : Yes/No sra ___________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26805 of 2019 To:

1 The District Collector Chennai District Chennai.
2 The District Revenue Officer Chennai District Chennai.
3 The Tahsildar Sholinganallur Taluk chennai District Chennai.

___________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26805 of 2019 M.N.Bhandari, CJ.

and N.Mala, J.

(sra) W.P.No.26805 of 2019 20.06.2022 ___________ Page 6 of 6 https://www.mhc.tn.gov.in/judis