IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 15.07.2021

CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

W.P.Nos.30979 of 2015, 1945 of 2016 and 2316 of 2016

and

M.P.Nos.1 & 3 of 2015, W.M.P.Nos.2022 & 2023 of 2016

and

W.M.P.No.25253 of 2017

W.P.No.30979 of 2015

M.Tamilarasan

...

Petitioner

-Vs-

1.The Tahsildar

Ponneri Taluk Office

Ponneri – 601 204.

2.Mrs.Konduru Shakila

3.The Revenue Divisional Officer,

Ponneri Taluk Office,

Ponneri.

4.The District Collector,

Thiruvallur District,

Thiruvallur.

*R3 & R4 are impleaded as per

order dated 11.12.2015 by MMS3

in M.P.No.2 of 2015

..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of

India praying for the issuance of a Writ of Prohibition

prohibiting the first respondent from initiating enquiry in

Na.Ka.No.11066/2015/A2 on his file till the disposal of the suit

initiated by the 2^nd respondent in O.S.No.174 of 2014, 39/2015 on

the file of the Subordinate Judge, Ponneri.

https://hcservices.ecourts.gov.in/hcservices/

W.P.No.1945 of 2016

Konduru Shakila

..

Petitioner

-Vs-

1. The Revenue Divisional Officer

Ponneri Revenue Division, Ponneri – 601 204

Tiruvallur District.

2. The Tahsildar

Ponneri Taluk Office

Ponneri – 601 204

Tiruvallur District.

3. M.Tamilarasan

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of

India praying for the issuance of a Writ of Mandamus directing

the 2nd respondent to pass final order in the enquiry held in

the representation of the petitioner dated 22.08.2015 for

restoration of patta in the name of the petitioner in respect of

the property being agricultural land comprised in Survey

NO.17/3B measuring extent of 0.69.0 Hectare (i.e) 1.71 Acres

situate at No.123 Kummanur Village, Ponneri Taluk, Tiruvallur

District.

W.P.No.2316 of 2016

M.Tamilarasan

...

Petitioner

-Vs-

1. The District Collector

Thiruvallur District

Thiruvallur.

2. The Revenue Divisional Officer

Ponneri Taluk Office, Ponneri.

3. The Tahsildar

Ponneri Taluk Office, Ponneri.

4. Mrs.Konduru Shakila

..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of

India praying for the issuance of a Writ of Certiorarified

Mandamus calling for the records in respect of the impugned

proceedings of 2nd respondent vide 2nd Summon in Na.Ka. No.4287/

https://hcservices.ecourts.gov.in/hcservices/

2015/A1 dated 12.11.2015 and quash the same and may further

direct the 2nd respondent to issue the Final Report of 3rd

respondent vide Na.Ka. No.11006/ 2015/AA2 dated 5.10.2015.

For Petitioner in W.P.Nos.

30979/2015 & 2316/2016

:

Mrs.S.R.Shenbaga Babu

For Petitioner in W.P.No.

1945 of 2016

:

Mr.R.Munuswamy

For Respondents

:

Mr.R.Munuswamy

-for R2 in WP 30979/2015

Mrs.Akila Rajendran,

Government Counsel

for RR 1,3&4 in WP 30979/2015

and for RR 1 & 2 in WP 1945/2016 &

and for RR 1 to 3 in WP 2316/2016

Mrs.S.R.Shenbaga Babu for R3 in

W.P.No.1945 of 2016

Mr.R.Munusamy for R4 in

W.P.No.2316 of 2016

C O M M O N O R D E R

Since the facts projected by both sides in these writ

petitions are interconnected or overlapping and the parties to

all these writ petitions are one and the same, and the issue

raised in these writ petitions is also one and the same, which

relates to the patta issued in favour of the petitioner in

W.P.Nos.30979 of 2015 and 2316 of 2016, with the consent of the

learned counsel appearing for both sides, all the three writ

petitions were heard together and are being disposed of by this

common order.

2. For the sake of brevity, the petitioner in W.P.No.1945

of 2016 viz., Konduru Shakila would be called as Shakila and the

petitioner in the other Writ Petitions in W.P.Nos.30979 of 2015

and 2316 of 2016 M.Tamilarasan would be called as Tamilarasan.

3.The necessary facts which are required to be noted for

the disposal of these three writ petitions are given below.

4. The agricultural property to