The writ petition is directed against the communication of the second respondent dated 13.10.2008, addressed to the petitioner, in which the second respondent has stated that the properties situated in Survey Nos.1 to 335 in No.41, Pudhupakkam Village, should be treated as belonging to the fourth respondent, Pudhupakkam Village Panchayat and thereby directed the taxes and other public charges received by the petitioner in respect of the properties of the third respondent Trust to be handed over to the 4th respondent.
2. It is the case of the petitioner that while passing such order, the second respondent has not given any opportunity to the petitioner and the petitioner Panchayat has been receiving taxes and public charges in respect of the properties of the third respondent Trust, which according to the petitioner are situate within the territorial jurisdiction of the petitioner Panchayat Union.
3. On the other hand, it is the case of the 4th respondent that the Assistant Director of Panchayat, Kancheepuram, in his proceedings dated 08.10.2003, after conducting enquiry has come to the conclusion that the said properties of the third respondent Trust are lying within the jurisdiction of the 4th respondent, Pudhupakkam Panchayat Union, and that order has not been challenged by the petitioner and therefore, the impugned communication of the second respondent is only consequential. The 4th respondent in the counter affidavit while stating that the Assistant Director, Kancheepuram has already passed orders in the year 2003 itself, which has not been challenged by the petitioner, has stated that the consequential direction of the second respondent cannot be challenged. Further, it is the case of the fourth respondent that as per the revenue records, the said survey Nos.1 to 335 stand in the name of the 4th respondent Panchayat and communication has been issued under the Tamil Nadu Survey and Boundaries Act VIII of 1923.
4. It is the contention of the learned counsel for the petitioner that while it is true that the Assistant Director has passed such orders on 8.10.2003, about which the petitioner came to know only now, even the Assistant Director of Panchayat has not conducted any enquiry while arriving at such conclusion and therefore the unilateral conclusion has been arrived at for the purpose passing the impugned letter by the second respondent.
5. Mr.Nagarajan, learned counsel appearing for the third respondent Trust would submit that the third respondent is prepared to abide by the decision on the jurisdiction issue, to whom it has to pay charges viz., to the petitioner or to the 4th respondent.
6. It is true that while referring to the order of the Assistant Director, Kancheepuram dated 08.10.2003, there is nothing to infer that such order has been passed after giving opportunity to the parties or after conducting enquiry, even though a reference has been made about the order passed by this Court in W.P.No.43059 of 2002 and that has also been referred to in the impugned communication of the second respondent dated 13.10.2008.
7. Be that as it may, now when both the petitioner as well as the 4th respondent are claiming territorial ownership before the 2nd respondent, in my considered view, the authorities must be directed to conduct inspection with the help of revenue records, so as to direct the parties to pay any dues to the proper Panchayat. In such view of the matter the writ petition stands disposed of with direction to the Secretary to Government, Rural Development Department, Fort St.George, Chennai to pass appropriate orders, after considering the claim of the petitioner as well as the 4th respondent, after directing the District Collector, Kancheepuram, first respondent to conduct necessary inspection and file a report. It is made clear that the District Collector while conducting such inspection and enquiry as per the direction of the Secretary to Government, Rural Development Department, Fort St.George, Chennai, should also take note of the revenue records to arrive at such conclusion about the said property, viz., within the jurisdiction of which the third respondent Trust is situated. After receiving the report of the District Collector, the Secretary to Government, Rural Development Department, Fort St.George, Chennai, shall pass orders within a period of 12 weeks from the date of receipt of the report. No costs. Connected miscellaneous petition is closed.