Madras High Court
S.Swaminathan vs The Commissioner on 3 August, 2023
W.P.No.22908 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.22908 of 2023
S.Swaminathan ...Petitioner
Vs.
1.The Commissioner,
Greater Chennai Corporation,
Chennai – 600 003.
2.The Zonal Officer,
Greater Chennai Corporation,
Thasamakka,
Otteri, Chennai – 600 012.
3.The Revenue Divisional Officer,
Central Chennai Division,
Anna Nagar West Extension,
Chennai – 600 101. ...Respondents
1/6
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W.P.No.22908 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the first respondent to effect sub
division to the petitioner's property measuring 20 cents comprised in Old
S.F.Nos.9/1 and 9/2 corresponding to T.S.No.30, Block No.3, Ganesh Nagar,
Kolathur Village, Chennai by considering his application dated 27.11.2018 and
the representations dated 23.12.2021, 07.01.2022, 26.04.2022, 12.07.2022
and 16.06.2023
For Petitioner : Mr.N.Manokaran
For Respondents 1 & 2 : Mr.P.Prithvi Chopda
Standing Counsel
For Respondent 3 : Mr.N.Naveen Kumar
Government Advocate
ORDER
The writ petition is filed seeking a direction to the first respondent to
effect sub division to the petitioner's property measuring 20 cents in Old
S.F.Nos.9/1 and 9/2 corresponding to T.S.No.30, Block No.3, Ganesh Nagar,
Kolathur Village, Chennai, by considering the application of the petitioner
dated 27.11.2018.
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W.P.No.22908 of 2023
2.It is the case of the petitioner that his mother purchased the above
mentioned property under a oral sale in the year 1972 from one Raghava
Naicker. Subsequently, one V.Ragahvan and others filed the suit in O.S.No.
3430 of 1991 on the file of VIII Assistant City Civil Court, Chennai, for
declaration that the above mentioned land is the common park and for
injunction restraining the petitioner from committing trespass over the
property. The said suit was dismissed and the appeal filed by the plaintiff in the
suit in A.S.No.101 of 1999 on the file of IV Additional City Civil Court,
Chennai, was also dismissed. The order passed by the first Appellate Court
was confirmed by this Court by Judgment and Decree dated 21.10.2010. On
the strength of the Civil Courts' order, the petitioner submitted an application
before the first respondent to effect sub division of the above said property. The
said application was rejected by the first respondent. Challenging the same, the
petitioner filed an appeal before the Government and the Government by order
dated 11.10.2018 forwarded the application filed by the petitioner again to the
1st respondent with a direction to dispose of it on merits. Subsequently, the
https://www.mhc.tn.gov.in/judis
W.P.No.22908 of 2023
petitioner submitted a representation on 27.11.2018 before the first
respondent, seeking consideration of his application for sub division as per the
order passed by the Government. The said application is not considered by the
first respondent on merits in spite of several subsequent representations.
3.Mr.P.Prithvi Chopda, learned Standing Counsel takes notice for the
respondents 1 & 2. Mr.N.Naveen Kumar, learned Government Advocate takes
notice for the 3rd respondent.
4.In view of the limited prayer made in the writ petition, without
expressing any opinion on the merits of the claim made by the petitioner, this
Court is inclined to issue a direction to the first respondent to dispose of the
application filed by the petitioner dated 27.11.2018 on merits and in
accordance with law after giving sufficient opportunity to the petitioner within
a period of eight weeks from the date of receipt of a copy of this order.
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W.P.No.22908 of 2023
5.With the above direction, the writ petition stands disposed of. No
costs.
03.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
nti
To
1.The Commissioner,
Greater Chennai Corporation,
Chennai – 600 003.
2.The Zonal Officer,
Greater Chennai Corporation,
Thasamakka,
Otteri, Chennai – 600 012.
3.The Revenue Divisional Officer,
Central Chennai Division,
Anna Nagar West Extension,
Chennai – 600 101.
https://www.mhc.tn.gov.in/judis
W.P.No.22908 of 2023
S.SOUNTHAR, J.
nti
W.P No.22908 of 2023
03.08.2023
https://www.mhc.tn.gov.in/judis
