Back
2022 Supreme(Online)(MAD) 32853
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On 23.08.2022 Pronounced On 09.11.2022 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W .P.No.13277, 13282 & 13294 of 2019 &1 4368 of 2021 and W.M.P.Nos.13399, 13395, 13381, 13383, 13401 & 13403 of 2019 and 5280 & 15282 of 2021 W.P.No.13277, 13282 & 13294 of 2019 M.Kangeyan ... Petitioner in all W.Ps.
Vs.
1.The State of Tamilnadu Rep by its Secretary to Government, Revenue [LD5(2)] Department, Fort St.George, Chennai – 600 009. ... R1 in all W.Ps.
2.The Secretary, Energy Department, Fort St.George, Chennai – 600 009.
3.The TANGEDCO, Rep. by its Chairman and Manging Director, No.144, Anna Salai, Chennai 600 002. ... R2 & R3 in W.P.No.13277/19
4.The Secretary, Backward, Most Backward Classes &
Minority Welfare Department, Fort St.George, Chennai – 600 009.
5.Director of Backward Classes and Minorities Welfare, Chepauk, Chennai – 600 005. ... R2 & R3 in W.P.No.13282/19
6.The Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai – 600 009.
7.The Chairman, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai – 600 002. ... R2 & R3 in W.P.No.13294/19
8.The District Collector of Chennai, Office of the Collectorate, Rajaji Salai, Chennai – 600 001.
9.The Commissioner for Land Administration Chepauk, Chennai – 600 005.
10.The Tahsildar, Ayanavaram, Chennai – 600 023. ... R4 to R6 in all W.Ps.
11.The Principal Secretary, H.R. & C.E. Department, Secretariat, Fort St. George, Chennai 600 009. ... R7 in all W.Ps.
[R7 in all W.Ps. suo motu impleaded by this order.]
Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in connection with the records in G.O. (Ms) No.341, Revenue [LD5(2)] Department, dated 12.08.2014 and G.O. (Ms) No.165, Revenue [LD4(1)] Department, dated 13.04.2015 and G.O. (Ms) No.56, Revenue [LD5(2)] Department, dated 04.02.2016 followed by the Extract From The Town Survey Land Register printed and issued by the sixth respondent and to quash the same.
For Petitioner : Mr.B.Kumar, Senior Counsel for Mr.R.Loganathan in all W.Ps.
For R1, R2, R4 to R6 : Mr.S.Silambannan Additional Advocate General assisted by Mr.Yogesh Kannadasan Special Government Pleader, in all W.Ps.
For R3 : Mr.L.Jaivenkatesh, Standing Counsel W.P.No.14368 of 2021 M.Kangayan ... Petitioner Vs.
1.The Managing Director and Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai – 600 008.
2.The Commissioner of Corporation of Chennai, Rippon Buildings, Chennai – 600 003.
3.The TANGEDCO, Rep. by its Chairman and Manging Director, No.144, Anna Salai, Chennai 600 002.
4.The Chairman, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai 600 002.
5.The Government of Tamil Nadu, Rep. by the Secretary to Government, Revenue Department, Fort St.George, Chennai.
6.The Additional Chief Secretary and the Commissioner of Land Administration, Chepauk, Chennai.
7.The District Collector, Chennai District, Chennai.
8.The Principal Secretary, H.R. & C.E. Department, Secretariat, Fort St. George, Chennai 600 009. ... Respondents [R5 to R7 suo moto impleaded vide order dated
05.08.2021 & R8 suo motu impleaded by this order.]
Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the first and second respondents to take action against the third and fourth respondents under the respective statute in respect of the property particulars mentioned in the schedule to this petition.
For Petitioner : Mr.B.Kumar, Senior Counsel for Mr.R.Loganathan For R1 : M/s.Veena Suresh, Standing Counsel For R2 : Mrs.P.T.Ramadevi, Standing Counsel For R3 : Mr.L.Jaivenkatesh, Standing Counsel For R4 : Mr.R.Shanmugasundaram Advocate General assisted by Mr.C.Vigneshwaran and M/s.A.G.Shakeena For R5 to R7 : Mr.S.Silambannan Additional Advocate General assisted by Mr.Yogesh Kannadasan Special Government Pleader
By this common order, all the four Writ Petitions are being disposed of.
2. W.P.No.14368 of 2021 has been filed for issuance of a Writ of Mandamus, to direct the first and the second respondents [Managing Director and Member Secretary, Chennai Metropolitan Development Authority, Egmore and The Commissioner of Greater Chennai respectively] to take action against the third and fourth respondents [TANGEDCO & The Chairman of Chennai Metropolitan Water Supply and Sewerage Board respectively] under the respective Statutes in respect of the property particulars mentioned in the Schedule to this Writ Petition.
3. The third and fourth respondents [TANGEDCO & The Chairman of Chennai Metropolitan Water Supply and Sewerage Board respectively] are proceeding with construction in the respective sites assigned to them in the said property pursuant to G.O.Ms.No.56, Revenue [LD5(2)] Department, dated 04.02.2016, G.O.Ms.No.341, Revenue [LD5(2)] Department, dated 12.08.2014 and G.O.Ms.No.165, Revenue [LD4(1)] Department, dated 13.04.2015.
4. The petitioner has earlier filed these W.P.Nos.13282, 13277, and
13294 of 2019 and challenged the above mentioned respective G.Os. The prayers in W.P.Nos.13282, 13277 and 13294 read as under:-
| W.P.No.13282/2019 | W.P.No.13277/2019 | W.P.No.13294/2020 |
| To issue a writ of Certiorarified Mandamus, calling for the records of the first respondent in connection with the records in G.O.Ms.No.56 Revenue [LD5(2)] Department dated 04.02.2016, followed by the Extract from the Town Survey Land Register prined and issued by the 6threspondent and to quash the same. | To issue a writ of Certiorarified Mandamus, calling for the records of the first respondent in connection with the records in G.O.Ms.No.341 Revenue [LD5(2)] Department dated 12.08.2014, followed by the Extract from the Town Survey Land Register prined and issued by the 6threspondent and to quash the same. | To issue a writ of Certiorarified Mandamus, calling for the records of the first respondent in connection with the records in G.O.Ms.No.165 Revenue [LD4(1)] Department dated 13.04.2015, followed by the Extract from the Town Survey Land Register prined and issued by the 6threspondent and to quash the same. |
5. The petitioner claims to be the owner of the above mentioned property having purchased from his vendor J.R. Arunkumar, S/o.
Rangasamy Mudaliar and two sons of the said J.R. Arunkumar.
6. The specific case of the petitioner is that the property in question was gifted by late Murugappa Mudaliar to his son Jagadeesan Mudaliar vide registered Settlement Deed dated 23.09.1895. After the death of Jagadeesan Mudaliar, his son Rangasamy Mudaliar allegedly inherited the property.
7. The said Rangasamy Mudaliar is said to have executed a Settlement Deed dated 11.01.1965 which was registered as Document No.41/1965 on the file of Sub Registrar, Pallavaram in favour of his son, J.R.Arunkumar (the first vendor of the petitioner) and also declared that the land was in possession with his father by a sworn affidavit.
8. The petitioner claims to have purchased the land from the said J.R.Arunkumar and his two sons namely Sathainathan and Sadanandan. The said J.R.Arunkumar had earlier executed an unregistered Sale Agreement dated 10.09.2001 in favour of S.Murugesan, the father of the petitioner.
9. The petitioner’s father filed a suit for specific performance against the said J.R.Arunkumar and his sons in C.S.No.196 of 2004 before this Court. There, a compromise was stitched between the petitioner’s father S.Murugesan and J.R.Arunkumar and his sons namely A.Sathianathan and A.Sadanandan and thereafter, they executed a Sale Deed dated 11.07.2007 in favour of the petitioner herein which was registered as Doc.No.6435 of 2007.
10. Subsequently, a Rectification of Sale Deed w
