Madras High Court
Janaki Ammal vs The Commissioner Of Survey on 15 June, 2022
W.P.No.12836 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.12836 of 2014
and M.P.Nos.1 and 2 of 2014
1.Janaki Ammal
2.Prema Rangachari
3.Vijayalakshmi ... Petitioners
Vs.
1.The Commissioner of Survey
and Settlement,
Government of Tamil Nadu,
Chepauk, Chennai 600 005.
2.The District Collector,
Chennai District
Collectorate Building,
Rajaji Salai, Chennai 600 001.
3.The Tahsildar,
Mambalam-Guindy Taluk,
Chennai 600 078.
4.Ahamed Sheriff
5.M.Rajan
... Respondents
PRAYER: This Writ Petition filed under Section 226 of Constitution of India,
pleased to issue a Writ of certiorari calling for the records in RC.D1/5054/11
dated 28.09.2011 on the file of the 1st respondent and quash the same in so far
as it is concerning the petitioner property in T.S.No.7/3, Block No.14, Zamin
Adyar Village, Kotturpuram, Chennai.
https://www.mhc.tn.gov.in/judis
1/6
W.P.No.12836 of 2014
For Petitioner : Mr.A.Thiagarajan, Senior Counsel
for Mr.E.C.Ramesh
For RR1 to RR3 : Mr.G.Krishnaraja
Additional Government Pleader
For RR4 & RR5 : Mr.M.L.Ramesh
Order
The petitioner has filed this petition for issuance of writ of Certiorari
to call for the records on the file of the 1st respondent dated 28.09.2011and
quash the same.
2. The case of the petitioner is that the petitioner has inherited the
property in T.S.No.7/3, Block No.14, Zamin Adyar Village, Kottupuram,
Chennai, from her husband, admeasuring an extent of 1 ground and 883 sq.ft
and ever since the date of purchase, her husband was in possession and
enjoyment of the property. Originally the said property was owned by
Smt.Sakkubai Ammal and Pushpavathi Ammal and from the share of
Smt.Sakkubai Ammal, a part of the property got transferred to the husband of
the petitioner. While so, the 4th respondent's mother Tmt.Pyari Ammal @
Mumtaj Begum, claimed an extent of 33 grounds in Adyar Village purely based
on a rokka pakka no.11 in block no.14 issued by erstwhile Zamindar and got
patta in respect of T.S.No.7/1 in Block NO.14 of Adyar Village, Kotturpuram
https://www.mhc.tn.gov.in/judis
2/6
W.P.No.12836 of 2014
and the same has been challenged by the purchasers of Sakkubai Ammal before
the Collector, Madras and thereafter, the Collector of Madras has declared the
patta issued to the mother of the 4th respondent as null and void and directed the
Tahsildar to restore the original entry in the T.S.L.R. and thereafter, the 4th
respondent and his mother had filed series of litigations for their title over the
property, before the competent civil forums against the plot owners, however
they failed to prove their title to the property as the identity of the property was
not established by them. Furthermore, the 4th respondent impersonated
documents and suppressing the Supreme Court and High Court judgment and
decree, had approached the 1st respondent with false claims as they are the
owners of the property and filed a petition dated 11.04.1994 to set aside the
orders of the Settlement Tahsildar passed in the year 1958 and since no order
was passed on the said petition, had also filed a Writ Petition in
W.P.NO.8109/2011 to direct the respondent therein to dispose of the
representation and in pursuant to the order passed by this Court, the Settlement
Officer / 1st respondent granted Ryotwari patta in favour of the said Pyari
Ammal. Challenging the same, the present petition is filed.
3. The learned counsel appearing for the petitioner submitted that the
other writ petitions in W.P.No.20941, 20347 and 18545 of 2012, filed by the
https://www.mhc.tn.gov.in/judis
3/6
W.P.No.12836 of 2014
other stake holders, were withdrawn by them, since suo motu proceedings have
been initiated by the Commissioner of Land Administration and the said writ
petitioners were allowed to proceed with their case in the said suo motu
proceedings and hence, this Court may permit the petitioner herein also to
participate in the said suo motu proceedings by filing an appropriate claim
petition before the Commissioner of Land Administration.
4. The learned Special Government Pleader appearing for the official
respondents submitted that the next hearing date for the said proceedings is
fixed on 20.06.2022 and hence this Court may permit the petitioner to
participate in the enquiry proceedings on 20.06.2022 at 4.00 pm.
5. In view of the above submissions, this Court without going into the
merits of the case, permits the petitioner to participate in the suo motu
proceedings initiated by the Commissioner of Land Administration by filing
appropriate claim petition and if any such petition is filed, the said official shall
decide the issue along with the case of the petitioner, as expeditiously as
possible.
https://www.mhc.tn.gov.in/judis
4/6
W.P.No.12836 of 2014
6. This Writ Petition is disposed of with the above terms. No costs.
Consequently connected miscellaneous petitions are closed.
15.06.2022
sk
Note:Issue order copy on 17.06.2022.
To
1.The Commissioner of Survey
and Settlement,
Government of Tamil Nadu,
Chepauk, Chennai 600 005.
2.The District Collector,
Chennai District
Collectorate Building,
Rajaji Salai, Chennai 600 001.
3.The Tahsildar,
Mambalam-Guindy Taluk,
Chennai 600 078.
https://www.mhc.tn.gov.in/judis
5/6
W.P.No.12836 of 2014
M.DHANDAPANI,J.
Sk
W.P.No.12836 of 2014
15.06.2022
https://www.mhc.tn.gov.in/judis
