Madras High Court
S. Chandra vs The Commissioner on 31 October, 2022
Writ Petition No.7912 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31/10/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Writ Petition No.7912 of 2014
and
M.P.Nos.1 and 2 of 2014
S. Chandra ... Petitioner
Vs
1. The Commissioner
Municipal Administration
Local Administration Ministry
Fort St. George
Chennai 600 005.
2. The District Collector
Cuddalore District.
3. The Municipal Commissioner
Chidambaram Municipality
Cuddalore District.
4. The Sub-Registrar
Sub-Registrar Office
Chidambaram
Cuddalore District.
5. K. Kannapiran
6. N. Hariharanaganathan ... Respondents
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Writ Petition No.7912 of 2014
PRAYER : Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of certiorari to call for the records of the impugned
order of the third respondent dated 7/2/2014 bearing Pe.Mam.No.20/2014/A2
and quash the same.
For petitioner ... Mr.S.A.Shanmugam
For respondents ... Mr.D.Gopal
Government Advocate
for R.R.1 and 2.
Mr.V.Kasinathabharathi
for R.3.
Mr.K.Tippu Sulthan
Government Advocate
for R.4.
Mr.M.Prabhakar
for R.5.
Mr.AR.L.Sundaresan
Senior Counsel
for Ms.A.l.Ganthimathi
for R.6.
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Writ Petition No.7912 of 2014
ORDER
This writ petition has been filed to quash the order of the third
respondent, dated 7/2/2014.
2. The facts of the case in a nutshell are as follows:-
The petitioner inherited the house site measuring 2401 Sq.feet bearing
Town Survey No.859, Block No.9, situated at 10/3 Angalamman Koil Street,
Chidambaram from his mother, by way of a registered Settlement Deed, dated
9/1/1991 and 6/2/1991. Thereafter, muted all the revenue records, viz., property
tax, water tax, electricity connection, etc. On 6/7/2005, fifth respondent had
created a false document and executed the sale in favour of the sixth
respondent. Despite the representations, dated 3/10/2013 and 30/12/2013,
given by the petitioner, before the third and second respondent, respectively,
document has been registered. To quash the same, the petitioner has come
forward with the instant writ petition.
3. Heard Mr.S.A.Shanmugam, learned counsel for the petitioner,
Mr.D.Gopal, learned Government Advocate for the respondents 1 and 2,
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Writ Petition No.7912 of 2014
Mr.V.Kasinathabharathi, learned counsel for R.3, Mr.K.Tippu Sultan, learned
Government Advocate for the fourth respondent, Mr.M.Prabhakar, learned
counsel for the fifth respondent and Mr.AR.L.Sundaresan, learned Senior
Counsel for the sixth respondent.
4. The learned counsel appearing for the petitioner submitted that in
spite of his detailed representations, seeking not to transfer the property in
favour of sixth respondent, third respondent has passed the impugned order,
dated 7/2/2013, without conducting any enquiry.
5. The learned Senior Counsel appearing for the sixth respondent
submitted that they are the purchaser of the property and only based on the tile,
Proceeding has been passed. He further submitted that Civil Suit is pending in
S.A.No.59 of 2014.
6. Perused the materials available on record.
7. The very writ petition itself is filed with regard to the title and the
same has been seized by the Civil Court and now culminated into Second
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Writ Petition No.7912 of 2014
Appeal, this Court is of the view that since the civil right is involved, title is also
disputed by each of the parties, same should be decided by the Civil Court.
8. Accordingly, this writ petition is disposed of. Rights of the parties
depend upon the judgment of the Civil Court. No costs. Consequently, the
connected Miscellaneous Petitions are closed.
31/10/2022
Index : Yes / No
Internet: Yes
Speaking/non speaking order
mvs.
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Writ Petition No.7912 of 2014
N. SATHISH KUMAR, J
mvs.
To
1. The Commissioner
Municipal Administration
Local Administration Ministry
Fort St. George
Chennai 600 005.
2. The District Collector
Cuddalore District.
3. The Municipal Commissioner
Chidambaram Municipality
Cuddalore District.
4. The Sub-Registrar
Sub-Registrar Office
Chidambaram
Cuddalore District.
W.P.No.7912 of 2014
31/10/2022
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