R. VETRI Vs. DISTRICT COLLECTOR, COLLECTORATE, CHENNAI

JUDGEMENT

(1.) This appeal is filed by the Writ Petitioners aggrieved by the order of the learned Single Judge, allowing the Review Application and consequently, passing the order of setting aside the earlier order dtd. 21/9/2021 passed in W.P.No.15507 of 2021 and declaring the Judgment and Decree made in A.S.No.122 of 2011, dtd. 3/1/2013, as a nullity and non-est in the eye of law and also further directing to initiate proceedings against the four persons, who had utilized the forged and fabricated the order, dtd. 15/4/1976 and dealt with the properties in S.Nos.6/8, 60/4, 88/5 and 89/1.

(2.) The appellants herein had originally come to this Court by way of W.P.No.15507 of 2021. It was the contention of the appellants that they are the absolute owners in respect of the property measuring an extent of Ac.1.05 cents, having been purchased by them by a registered Sale Deed dtd. 6/1/1990. Earlier, when ''Uzhavar Sandhai'' was sought to be established by the State Authorities over the said land, they had filed a suit in O.S.No.528 of 2000 seeking for declaration that they are the owners of the said property and consequently seeking for permanent injunction. Even though the said suit was dismissed, on an appeal preferred by them in A.S.No.122 of 2011 by Judgment and Decree dtd. 3/1/2013, the appeal suit was allowed and decree was granted that they are the owners of the property and also permanent injunction restraining the State Authorities from interfering with the above said land. In the teeth of the said decree, the respondents were taking steps to establish ''Micro Compositing Centre'' in the same lands and therefore, in the said Writ Petition they prayed that the respondent should consider their representation dtd. 23/2/2018 and 17/7/2020 and remove the shed, equipment and solid waste lying in the said property owned by them.

(3.) Considering the fact that the Competent Civil Court had decreed the suit, the learned Single Judge, by order dtd. 21/9/2021 allowed the Writ Petition by directing that the respondent cannot to go forward and construct the Micro Compositing Centre in the property and they have to necessarily consider the representations and steps must be taken to remove the structures already put up by them.