K.Bharat Doshi v. The Secretary to Government

ORDER (Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted to assail the report dated

08.01.2021 issued by the Commissioner of Land Administration, Chennai.

2.The learned Senior Counsel appearing on behalf of the petitioner would mainly contend that the subject land, originally classified as "Eri Ulvoi" (water body) was subsequently re-classified and patta came to be issued in favour of the petitioner and few other individuals. Thus, the order of the Commissioner is perverse. The learned Senior Counsel with all fairness brought to the notice of this Court that the very same impugned order dated 08.01.2021 was dealt with by the Division Bench of this Court and an order was passed on 13.03.2024 in WP.No.10485 & 10490 of 2021, wherein the persons claiming right are provided with an opportunity to submit their defence statement along with the documents, if any to establish their rights.

3.The learned Additional Government Pleader would oppose by stating that the Commissioner of Land Administration scrutinised the files and the Revenue records and made a clear finding in the order impugned dated

08.01.2021 and therefore, the present writ petition is to be rejected.

4.This Court is of the considered view that the impugned order dated

08.01.2021 is admittedly an interdepartmental report submitted by the Commissioner of Land Administration to the District Revenue Officer, Tiruvallur District. The Commissioner of Land Administration has given some instructions to the District Revenue Officer in paragraphs 11 and 12 of the impugned order dated 08.01.2021. The said order was not communicated to the parties, since it is an interdepartmental communication. Therefore, the said communication would provide no cause for institution of writ proceedings.

5.However, any further action must be only after affording opportunity to the persons concerned. Therefore, in the event of initiating any enforcement action pursuant to the report of the Commissioner of Land Administration dated

08.01.2021, notice is to be issued to all the parties, who all are claiming right over the subject property and they must be afforded with an opportunity to submit their respective explanations along with the documents, if any. Thereafter, an enquiry is to be conducted by the District Revenue Officer, Tiruvallur District for the purpose of continuing all further enforcement actions for eviction of encroachers or illegal occupants as the case may be. Since no enforcement action commenced as of now and the learned Additional Government Pleader would submit that on account of the interim order granted in the present case the Authorities have not initiated action, it would be appropriate for the Authorities to commence the enquiry proceedings by issuing notice to all the parties and conduct an enquiry and thereafter, take a decision and proceed with the enforcement actions if required by following the procedures as contemplated.

6.With the above observations, this writ petition stands disposed of. No costs. Consequently, connected WMPs are also closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 29-01-2026 (2/2) kmi Index:Yes Speaking order Internet:Yes To

1.The Secretary to Government Revenue Department, Fort St.George, Chennai

2.The Commissioner of Land Administration Government of Tamilnadu, Ezhilagam, Chepauk, Chennai-5

3.The Director of survey and settlement Survey House, Chepauk, Chennai-5

4.The District Collector The Collectorate, Thiruvallur District

5.The District Revenue Officer The Collectorate, Thiruvallur District

6.The Revenue Divisional officer Ponneri, Tiruvallur District

7.The Assistant Executive Engineer Public works Department (Kosasthalai River subdivision), Sholavaram Division, Redhills, Chennai

8.The Tasildar Ponneri Taluk, Tiruvallur District WPeNo.e10244eofe2021 S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J. kmi WPoNo.10244oofo2021 ANDo WMPoNOS.10846o&o 10848oOFo2021 29-01-2026 (2/2)

2026:MHC:380 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-01-2026 CORAM THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN AND WMP NO.10846 &10848 OF 2021 1. K.Bharat Doshi S/o.Kantilal C Doshi, Flat No.905, Ninth Floor, Vimalachal Apartments, No.532, Poonammallee high Road, Chennai-600007. 2. K.Jithendra Kumar S/o.Kantilal C Doshi, Flat No.B902, Sankeshwara Serenity, No.1089, Poonammallee High Road, Flowers Road, Chennai-600084 3. Ankit P Doshi S/o.Pravin Kumar, Flat No.1201, 12th floor, Shankeswara Apartments, No.1089, Poonammallee High Road, Flowers Road, Chennai-600084 4. K.Arvind Kumar S/o.Kantilal C Doshi, Flat No.B1102,11th floor, Vimalachal Apartments, No.532/1088, Poonammallee High Road, Vepery, Chennai-600007 Petitioner(s) Vs 1. The Secretary to Government Revenue Department, Fort St.George, Chennai. 2.The Commissioner of Land Administration Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai-5 3.The Director of survey and settlement Survey House, Chepauk, Chennai-5 4.The District Collector The Collectorate, Thiruvallur District. 5.The District Revenue Officer The Collectorate, Thiruvallur District 6.The Revenue Divisional officer Ponneri, Tiruvallur District 7.The Assistant Executive Engineer Public works Department (Kosasthalai River subdivision), Sholavaram Division, Redhills, Chennai. 8.The Tasildar Ponneri Taluk, Tiruvallur District. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the report dated 8.1.2021 in proceedings number Lr.No.K1/13490/ 2018, on the file of the second respondent herein and to quash the same and to direct the respondents to update the Revenue Records and the village records pertaining to the impugned order within the time frame as may fixed by this Honourable Court. For Petitioner(s): Mr.G.Rajagopalan, Senior Counsel for Mr.A.V.Arun For Respondent(s): Mr.T.Arunkumar, AGP for Rr1 To 8. ******