IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.30491 of 2012 and

W.M.P.Nos.2, 3, 4 & 5 of 2015

Shri Krishna Builders

Rep. By its Managing Partner

Mr.P.Nandakumar

Madura Gardens, Old No.491, New No.15,

Poonamallee High Road,

Maduravoyal, Chennai – 95.

... Petitioners

Vs.

1. The District Collector,

Thiruvallur District,

Office of the District Collector,

Thiruvallur District.

2. The Revenue Divisional Officer Ambattur,

Office of the Revenue Divisional Officer

at Ambattur,

Thiruvallur District.

3. The Tahsildar Ambattur Taluk,

Office of the Tahsildar Ambattur Taluk,

Ambattur, Thiruvallur District.

4. P.N.Nagaraj

5. The Tahsildar, Maduravoyal,

O/O The Tahsildar Maduravoyal Taluk,

Gangai Amman Koil Street, Alapakkam,

Chennai-600 116.

6.S.Ganesan

7.Sunil Jitendra

... Respondents

(R5 to R7 Impleaded vide order

dated 23.02.2022 Made in MP.1/15)

Petition filed under Article 226 of the Constitution of

India praying for issuance of a Writ of Certiorarified Mandamus

calling for the records of the 2^nd respondent in proceeding

bearing Na.Ka.851/2012/A5 dated 18.10.2012 pertaining to the

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cancellation of Patta granted in favour of the petitioner

Company regarding the property situated at Ambattur Taluk-

Maduravoyal Village Survey No.127/5A2, Acre 0.58 Cents and quash

the same as the very same matter is pending before Civil Court

and consequently restrain the 3^rd respondent from any manner

implementing the impugned order of the 2^nd respondent.

For Petitioner : Mr.A.Palaniappan

For R1 to R3

: Mr.M.Murali

Government Advocate

ORDER

This Writ petition has been filed seeking for a Writ of

Certiorarified Mandamus to call for the records of the 2^nd

respondent in proceeding bearing Na.Ka.851/2012/A5 dated

18.10.2012 pertaining to the cancellation of Patta granted in

favour of the petitioner Company regarding the property situated

at Ambattur Taluk-Maduravoyal Village Survey No.127/5A2, Acre

0.58 Cents and quash the same as the very same matter is pending

before Civil Court and consequently restrain the 3^rd respondent

from any manner implementing the impugned order of the 2^nd

respondent.

2. The case of the petitioner is that, the petitioner firm

owns the land in S.No.127/5A2 and the then Tahsildar granted

patta in favour of the petitioner. While so the 4^th respondent

filed a Suit in O.S.No.115 of 2009 seeking for declaration and

for vacant possession of the property. During the pendency of

the said Suit, the 4^th respondent had given Power of Attorney to

one B.Thiyagu in respect of the same property and the said

Thiyagu made a representation dated 25.01.2012 before the 2^nd

respondent for cancellation of the said patta. Since, the said

representation was not considered, he filed a Writ Petition in

W.P.No.3961 of 2012 and this Court vide its order dated

21.02.2012 issued direction to the 2^nd respondent herein to

consider the representation of the petitioner therein and pass

orders after affording opportunity to the petitioner herein. In

compliance with the said order, the present impugned order was

passed, cancelling the patta granted by the then Tahsildar in

favour of the petitioner firm. Challenging the same the present

Writ Petition is filed.

3. The learned counsel for the petitioner submits that the 4

th respondent filed a Suit in O.S.No.115 of 2009 on the file of

the District Munsif Court, Poonamallee, for declaration and

vacant possession of the said property and the said suit was

dismissed on 12.09.2013. However, prior to that, the present

impugned order was passed without providing adequate opportunity

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of hearing the petitioner. Hence, he submitted that, this Court

may qu