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contempt of court for conducting enquiry
Anonymous User at 4 p.m. on 08 Sept. 10

Sir,


Appeal given by: Mr.N.Nandakumar – Managing Director, 
                              M/s.Devinarayan Housing and Properties Development Limited,
                              Kotturpuram, Chennai.

Respondent      :  The President, Dr.D.S.Rajalakshmi Educational Society,
                              Saidapet, Chennai – 600 015.

	   
I would like to bring to your kind notice that Mr. Hemant Kumar Sinha, I.A.S.,  Principal Secretary and Commissioner  of Land Administration, Chepauk, Chennai, had conducted an enquiry in file No.K1/30889/09 against the orders of the District Revenue Officer, Kancheepuram in file No.41853/2007/N-4 dated 01.06.2009, in respect of the Patta cancellation for one K.P.Anandan, his claimants and passed the order in gross violation of rules, laws, by going into excessive jurisdiction, and interfering in the Administration of Justice, by Hon’ble High Court, Chennai, in spite of repeatedly informed on the appeal filed by the Respondent.  A separate case will be filed for his Contumacious Behavior in the scandalizing, lowering, Contempt Act in denigrating the dignity of the Hon’ble High Court, Chennai in passing order against them in contrary to law, without going into facts, merits of the case.
          
 The Appellant filed the Writ Petition W.P.No.13267 of 2009, before the Hon’ble High Court, Chennai against the District Revenue Officer, Kancheepuram to quash the order passed by him in file No.41853/2007/N-4 dated 01.06.2009 which was dismissed and directed the Appellant to approach the Civil Court to establish his title.  The appeal petition given by the appellant before the Commissioner of Land Administration and the affidavit filed before the Hon’ble High Court, Chennai was one and the same – word by word and moreover the appellant suppressed the Order and directions of the Hon’ble High Court, Chennai.

According to G.O.Ms.No.	409, Revenue SS (1) Department dated 02.07.2008, the powers of the Commissioner of Land Administration was withdrawn as they have been burdened with appeal against the orders of District Revenue Officer, in transfer of Registry-Patta cases.  This was also brought to his notice, and then also conducted unauthorized, willful abuse of legal process in his proceedings.   

	The Commissioner of Land Administration without going in detail, passed the order arbitrarily in violation of natural justice, mistake of facts, contrary to the law.  He carefully avoided, which is in the affidavit filed by the Society that the patta issued in the name of Dr.D.S.Rajalakshmi, bearing Patta No.601 in the year 1960, in Para 11 - Page 4 of the order. Exhibit 3 was the Patta in the name of Miss.Dr.D.S.Rajalakshmi, and Exhibit 5 was the Patta Passbook (No.218) for the same property- which was issued by the Tahsildhar, Saidapet Taluk for Miss. Dr.D.S.Rajalakshmi.  

            In the year 1978, from the revenue records of the then Office of the Tahsildhar, Saidapet Taluk the Asst. Commissioner ULT gathered details, conducted enquiry on 14-08-1978 & 25-06-1979 and levied the Urban Land tax (Case No.73 fasli-1385) to the said lands in Survey No.649, Pallikaranai Village in 1979, which clearly shows that the revenue records are in the name of Miss. Dr.D.S.Rajalakshmi. 

 From the revenue records of the Office of the Tahsildhar, Saidapet Taluk, the Competent Authority, Urban Land Ceiling, Alandur, @ Madras-88, collected various details (as on 03.08.1976)  of the extent of land, name of the owner, date of Purchase, how acquired, her family details and her entitlement, extent of land to be acquired, etc.,  issued notice under Section 9 (1) of the Urban Land Ceiling Act, 1978 dated 26.11.1982, which is clearly, apparently and prima facie shows that the Patta stood in her name.  Various correspondences, enquiries, orders between the Officials and Dr. (Miss) D.S.Rajalakshmi clearly establish that Dr.D.S.Rajalakshmi, is unmarried, spinster, alive in 1988, dedicated and donated to Our Society, even though it was not accepted by the Urban land Ceiling & Regulation authorities. Final orders passed in the year 1988 and appeal was dismissed in 1989.  

When things/matters stood and proceedings are with Urban Land Ceiling Regulation authorities, the Patta was wrongly recorded in 1987 by UDR authorities in the name of K.P.Anandan. 

 Finally she obtained an absolute stay from the Hon’ble High Court in W.M.P.No.16636 of 1989 in W.P.No.11687 of 1989, and the ULC Act was repealed in 1999 and the case was abated.  All along the title and possession of the property was protected by Hon’ble High Court, Chennai.  She also represented about the error committed during UDR and asked to rectify in the year 1988 to the Tahsildhar.
Dr.Miss.D.S.Rajalakshmi represented to Revenue Authorities to the Under Secretary, The Collector, The Revenue Divisional Officer, The tahsildhar for rectify the error in UDR Scheme and finally enquiry commenced in the year 1997 in file No.Na.ka.3301/97 A by the Revenue Divisonal Officer, Chengalpattu, which was ended by the order passed by the District Revenue Officer in 2009.

The said K.P.Anandan was summoned for enquiry thrice, but never appeared nor produced any valid document.  The appellant also produced forged legal heir certificate.  It was brought to the notice of the District Revenue Officer, Kancheepuram and the same was recorded in his Order.

The appellant completely and willfully suppressed the order passed by the Hon’ble High Court, Chennai in W.P.No.13267 of 2009 dated 24-10-2009 and the Commissioner of Land Administration in his order willfully reproduced a small portion about the comments on the TITLE of the property.  The order passed by the Hon’ble High Court in W.P.No.13267 of 2009, the detailed order was passed by the Hon’ble High Court, Chennai in W.P.No.12498 of 2009, dated 15-09-2009 which was filed against the same orders of the District Revenue Officer, Kancheepuram.

W.P.NO.12498 OF 2009 – dated 15.09.2009  -- ORDER  and DIRECTION

Para 11, Para 12 and Para 13 of the Judgment clearly states that the Patta stood in the name of D.S.Rajalakshmi from the year 1960, after her purchase in 1959 till 1987.  No notice was given during the UDR Scheme.  There is no document to show that how Anandan got title or how acquired the property.  Even now, the petitioner had not come forward to this Hon’ble High Court that How K.P.Anandan had got right to sell, convey the property?  The Orders of the District Revenue Officer was upheld and confirmed.  There is no illegality or infirmity in the order.  The DRO has rightly passed the order and clearly mentioned, if persons aggrieved by his order can approach the Civil Court.
PARA 14:  In the result, the writ petition is dismissed.  However, liberty is given to the petitioners to approach the civil court to establish the so called title over the property…………
But whereas in the W.P.NO.13267 OF 2009 Dated 24.10.2009 filed by the appellant and the ORDER – DIRECTION –was in -  para 7…………. this court also cannot take any different view, hence the present petition is dismissed BY DIRECTING THE PETITIONER TO APPROACH THE CIVIL COURT FOR HIS REMEDY …………
While things stood so, the Commissioner of Land Administration in gross violation of administration had interfered in the administration of Justice by conducting enquiry, and passing orders contrary to the law, willfully omitting certain portions of the affidavit, without due diligent care in going in records submitted by the respondent.
Even though the powers to conduct enquiry was removed, the Commissioner of Land Administration in Para 18 – order states that he has inherent power vested to conduct suo-motto enquiry on the action of his sub-ordinates.  If that is so, the summon should be in general with all Pattadars name in roll and everybody should be given the opportunity to show their title.  The suo-motto enquiry can be conducted only for the issue of public importance, affecting the Government, No one to represent the issues, etc., This is between two individuals on the dispute of wrong entry made by a small mistake in UDR Scheme.  The Hearing Notice dated 26.4.2010, Reference 2 states that ‘appeal filed by M/s.Devinarayan Housing Limited’ which means it is not suo-motto.  The appellant after getting the Order/direction in W.P.No.13267 of 2009, approached the Commissioner of Land Administration with an appeal on 5-12-2009, instead of going to file a civil suit nor an Appeal before the Hon’ble High Court, Chennai by way of Writ Appeal.  

The appellant also suppressed the bare injunction suit filed in O.S.No.133 of 2010 before the District Munsiff Court, Alandur, with the cancelled patta and obtained injunction in I.A.  There he suppressed the order of Hon’ble High Court Order and direction to file a Declaration Suit to establish his title nor the appeal petition pending before the Commissioner of Land Administration, Chepauk, Chennai.

The appellant in order to achieve his objects of getting the property by fraudulent means, had indulged in all malpractices, made the Revenue Authorities also put in his trap by unfair means.  I apprehend he would have given amount in lakhs of rupees to the Authorities.  As a staunch believer in laws, justice and administration, we have never mentioned about the contumacious behaviour and act of the Staff.  The leniency and respect shown by us, paved way to the fraudulent people to take advantage.  I humbly request you to initiate action against the erring officials, since it was brought to the notice that the said K.P.Anandan was also arrested in Crime No.68 of 2000, on the complaint given by us and detained in Goondas Act for the land grabbing activities.  Seven nationalized Banks were cheated to the tune of Rs.Eight Crores with forged documents by K.P.Anandan, on the very same Patta and Legal heir Certificate.

By protecting the culprits, and white-collar criminals, I am sorry to say, that your officials also colluding in criminal activities.  The prima facie material is there for your goodself to initiate action under the All India Services (Discipline and Appeal) rules.  The enquiry is purely for fact finding.  The I.A.S. Officer could not claim any immunity.  This is not a mere allegation.  It will be substantiated with facts, material evidences, etc.  People will have faith in Judiciary and they will repose in the administration if Your goodself takes action and render justice, before the punishment given by the Judiciary.
“Truth alone Truimphs”   
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