Madras High Court
The Managing Director vs Kanthabai on 9 September, 2025
Bench: S.M.Subramaniam, C.Saravanan
W.A.No.3090 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.A.No.3090 of 2021
and
CMP.No.21424 of 2021
The Managing Director
M/s.Standard Fire Works (P) Ltd
1/3 Thiruthangl Road,
Madurai District. ... Appellant
Vs.
1.KanthaBai
2.Usha
3.B.Shankar
4.B.Giridharan
5.The Additional Chief Secretary/Commissioner
of Land Administration, Ezhilagam,
Chepauk, Chennai - 600 005.
6.The Settlement Officer,
Office of the Settlement Offier,
Survey and settlement Department,
Survey House, Ezhilagam,
Chennai - 600 005.
7.The District Collector,
Office of the District Collector,
Kancheepuram District - 631 501.
1/9
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W.A.No.3090 of 2021
8.The District Revenue Officer,
Office of the District Revenue Officer,
Kanchepuram District - 631 501.
9.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Chingleput, Kancheepuram District-603 001.
10.The Tahsildar (Additional Headquarters)
Tiruporur Taluk, Tiruporur,
Kancheepuram District - 603 110. ... Respondents
PRAYER: The Writ Appeal has been filed under Section 15 of Letter
patent against the order of this Court dated 01.10.2021 made in
W.P.No.18362 of 2018.
For Appellant : Mr.AR.Ramanathan
For Respondent : Mrs.G.Thilagavathi
Nos.2 and 3 Senior Counsel
for Mr.D.Kanagasundaram
For Respondent : Mr.B.Sivaraman
Nos.1 and 4
For Respondent : No appearance
Nos.5 to 10
JUDGMENT
(The judgment of this Court was made by S.M.Subramaniam,J.,)
The present intra-court appeal, on hand, has been instituted to assail
the order dated 01.10.2021 passed in W.P.No.18362 of 2018.
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2.The 7th respondent in the writ petition is the appellant before this
Court. The respondents 1 to 4 herein instituted writ proceedings
challenging the order of the District Revenue Officer, Kancheepuram
dated 09.06.2018, wherein, the respondents 1 to 4 claimed right over the
subject property described in the writ proceedings,
3.Per contra, the appellant herein also claims right over the subject
property mainly on the ground that the Tahsildar has assigned the land
originally in favour of the vendor’s pre-decessor to the appellant and the
appellant purchased thereafter. When the appellant and the respondents 1
to 4 claimed right over the subject property, the District Revenue Officer
adjudicated the issues.
4. The learned Senior Counsel appearing for the respondents 1 to 4
contended that the Tahsildar had passed the order of assignment during the
ban period in his personal capacity and therefore, the assignment itself is
suspicious.
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5. The learned counsel appearing for the appellant would oppose by
stating that civil suit in O.S.No.332 of 2017 has been instituted for
permanent injunction and pending on the file of the District Munsif Court,
at Chengalpattu.
6.The order of the District Revenue Officer, Kancheepuram, dated
09.06.2018 shows that there are suspicious circumstances in respect of the
patta held by the appellant. Therefore, a thorough investigation and
enquiry needs to be undertaken. Under those circumstances, the claim of
the respondents 1 to 4 was also negatived. In para 11 of the order, the
District Revenue Officer has stated that the present patta held by
Tvl.Standard Fire Works Company Limited, though they claim that they
are enjoying the land based on proper title deeds and patta, the matter
needs thorough investigation and enquiry, since the land is classified as
Anadeenam in the year 1961 settlement Register. The transactions
pertaining to the land from 1961 to till date i.e for 57 years, and the
revenue records mutations occurred during the above period are also to be
thoroghly enquired before arriving at a decision on the allegations levelled
by the respondents 1 to 4. The District Revenue Officer has not
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adjudicated those allegations in view of the fact that he has negatived the
claim of the respondents 1 to 4 and the appellant herein filed a civil suit
for permanent injunction. However, the District Revenue Officer has
directed the Tahsildar, Tiruporur, to submit a detailed report after
finalisation of the civil suit.
7.This Court is of the considered view that civil suit is only for
permanent injunction. The document produced by the appellant and the
respondents 1 to 4 are found to be suspicious. As per the settlement
register, the subject land has been classified as “Anadeenam” and several
other revenue records needs to be verified. The property situates at
Pudupakkam, Thiruporur Taluk, Sub-Urban to Chennai City. The land
value in that locality is sky-rocketing. Therefore, it is just and necessary to
conduct an ellobrate enquiry into the allegations raised by the respondents
1 to 4 and findout whether the subject land is a patta land or Government
land.
8.The High Court cannot conduct a roving enquiry, since the
allegations require verification of revenue records and production of
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documents by the respective parties. Disputed facts are to be adjudicated
by the competent authority. In the present case, the District Revenue
Officer, though formed an opinion that the documents produced are
suspicious in nature, he has arrived at a conclusion that the respondents 1
to 4 are not entitled for any relief. But the allegations against the appellant
also considered as serious in nature. Therefore, this Court is of the view
that the Commissioner of Land Administration has to conduct a detailed
enquiry for arriving at a conclusion and to pass appropriate orders. Since
the land is a valuble land and suspicion is, whether the land belongs to the
Government or patta land, the pendency of a suit is not a bar for
adjudication of the issues with reference to the revenue records by the
Commissioner of Land Administration. It is just and necessary to verify
the geniunity of the patta granted in favour of the parties. The genesis and
the basis are to be verified in the context of the revenue records and other
documents available.
9.In view of the facts and circumstances, the 5th respondent The
Additional Chief Secretary /Commissioner of Land Administration,
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Ezhilagam, Chepauk, Chennai, is directed to issue notice to all the parties,
who all are necessary parties for effective adjudication of issues, conduct
an enquiry by calling for the original records and by affording an
opportunity to the parties and decide the issues on merits and in
accordance with law. If it is found that the subject property is Government
land, swift actions are to be initiated to resume the public property by
following the procedures as contemplated under law. The Commissioner
of Land Administration is requested to expedite the enquiry and complete
the same as expeditiously as possible.
With these observations, the writ appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(S.M.S.J) (C.S.N.J)
09.09.2025
Index : Yes/No
Internet : Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
sms
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To
1.The Additional Chief Secretary/Commissioner
of Land Administration, Ezhilagam,
Chepauk, Chennai - 600 005.
2.The Settlement Officer,
Office of the Settlement Offier,
Survey and settlement Department,
Survey House, Ezhilagam,
Chennai - 600 005.
3.The District Collector,
Office of the District Collector,
Kancheepuram District - 631 501.
4.The District Revenue Officer,
Office of the District Revenue Officer,
Kanchepuram District - 631 501.
5.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Chingleput, Kancheepuram District-603 001.
6.The Tahsildar (Additional Headquarters)
Tiruporur Taluk, Tiruporur,
Kancheepuram District - 603 110.
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S.M.SUBRAMANIAM,J.,
and
C.SARAVANAN,J.,
sms
and
09.09.2025
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