Madras High Court
Evarnammal vs The Commissioner on 7 June, 2023
WA No.1150 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
Writ Appeal No.1150 of 2023
Evarnammal ... Petitioner
Vs
1.The Commissioner,
Greater Chennai Corporation
Rippon Buildings, Chennai.
2.The Zonal Officer (JE)
Zone VI, Thiru Vi Ka Nagar
Chennai.
3.The Junior Engineer
Zone VI, Retteri (Zone VI),
Chennai Corporation,
Thiru Vi Ka Nagar, Chennai
4.The Assistant Engineer
Zone VI, Chennai Corporation,
Thiru Vi Ka Nagar, Chennai
5.The Tahsildar
Ayyanavaram Taluk
Chennai
Page 1 of 6
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WA No.1150 of 2023
6.The Tahsildar
Perambur Taluk, Chennai. ... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set
aside the order in WP No.28432 of 2022 dated 12.12.2022.
For the Appellant :: Mr.P.G.Thiyagu
For the Respondents :: Ms.P.T.Ramadevi,
for respondents 1 to 4
Mrs.R.Anitha,
Special Government Pleader,
for respondents 5 and 6
JUDGMENT
(Made by the Hon'ble Chief Justice)
The present appellant had filed a Writ Petition bearing No.28432
of 2022, seeking a writ of mandamus forbearing respondents 1 to 4
from dispossessing the appellant from the writ land bearing Plot
Nos.37A and 60A, Vetri Nagar, Ayanavaram Taluk, Chennai, to an
extent of 2880 sq.ft.
2. Learned counsel for the appellant submits that the appellant is
the owner of the writ property under the registered instrument of sale.
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WA No.1150 of 2023
The respondents had, unilaterally, in the year 2016, changed the
revenue records. On the basis of the changed revenue records, the
appellant is being threatened of dispossession. According to learned
counsel, only because the revenue record is changed recently, that
would not give any right, title or interest in favour of the respondents
nor a right to evict the appellant. Learned counsel submits that even if
the respondents want to contend that the appellant is an encroacher,
still the procedure laid down by law has to be followed.
3. Learned Single Judge while disposing of the writ petition has
not dilated on the merits of the matter. He has only considered the
reports of the Tahsildar and Advocate Commissioner and disposed of
the Writ Petition, giving liberty to the appellant to approach the civil
court.
4. If the title is under cloud or some dispute exists with regard to
the title and or possession, it is the civil court which is competent to
decide the same. The parties may be required to adduce evidence.
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WA No.1150 of 2023
5. In light of that, learned Single Judge has not committed any
error while disposing of the Writ Petition with liberty to the appellant to
avail the remedy before the civil court to establish the title. In the civil
suit, the appellant can seek all the reliefs available to her.
6. In light of that, we are not inclined to entertain the writ
appeal. The writ appeal is disposed of. Naturally, all contentions of the
appellant on merit are kept open. There will be no order as to costs.
Consequently, CMP Nos.11611 and 11615 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
07.06.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
https://www.mhc.tn.gov.in/judis
WA No.1150 of 2023
To
1.The Commissioner,
Greater Chennai Corporation
Rippon Buildings, Chennai.
2.The Zonal Officer (JE)
Zone VI, Thiru Vi Ka Nagar
Chennai.
3.The Junior Engineer
Zone VI, Retteri (Zone VI),
Chennai Corporation,
Thiru Vi Ka Nagar, Chennai
4.The Assistant Engineer
Zone VI, Chennai Corporation,
Thiru Vi Ka Nagar, Chennai
5.The Tahsildar
Ayyanavaram Taluk
Chennai
6.The Tahsildar
Perambur Taluk,
Chennai.
https://www.mhc.tn.gov.in/judis
WA No.1150 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(tar)
Writ Appeal No.1150 of 2023
07.06.2023
https://www.mhc.tn.gov.in/judis
