Madras High Court
K.Saroja vs The Tahsildar on 20 April, 2021
W.P.No.32231 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.32231 of 2017
1. K.Saroja
2. R.Kalaivani
3. K.Kannan
4. K.Sekar ... Petitioners
-Vs-
The Tahsildar
Velachery Taluk,
Taramani 100 Feet Road,
Chennai - 600 113. ... Respondent
Prayer : Writ Petition under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the respondent
herein to consider the petitioner's representation dated 22.03.2017 for issuance
of patta in favour of the petitioners in view of the Judgment and Decree passed
in O.S.No.5005 of 2013, dated 03.02.2014 passed by this II Assistant City
Civil Court, Chennai and the petitioners long standing possession of the
property at No.52/27, 1st Street Extension, Parameswari Nagar, Adyar,
Chennai - 600 020.
For Petitioners : Ms.Karthikaa Ashok
For Respondent : Mr.J.Pothiraj, Spl G.P.
Government Advocate
https://www.mhc.tn.gov.in/judis/
Page 1 of 9
W.P.No.32231 of 2017
ORDER
The prayer sought for herein is for the issuance of a Writ of Mandamus,
directing the respondent herein to consider the petitioner's representation dated
22.03.2017 for issuance of patta in favour of the petitioners in view of the
Judgment and Decree passed in O.S.No.5005 of 2013, dated 03.02.2014
passed by the II Assistant City Civil Court, Chennai and the petitioners long
standing possession of the property at No.52/27, 1st Street Extension,
Parameswari Nagar, Adyar, Chennai - 600 020.
2. The case of the petitioner is that, the petitioners' father claimed to
have purchased the property at No.52/27, 1st Street Extension, Parameswari
Nagar, Adyar, Chennai - 600 020. Subsequently, they have filed a suit also in
O.S.No.5005 of 2013 before the II Assistant City Civil Court, Chennai, where
a judgment and decree was passed by the Civil Court on 03.02.2014, declaring
the adverse possession of the petitioners, who were the plaintiffs in the suit
with regard to the property referred to above.
3. Since the petitioners claim that the property had been purchased by
them by unregistered sale deed, subsequently, they got a decree also from the
Civil Court with regard to the adverse possession of the property against the
https://www.mhc.tn.gov.in/judis/
W.P.No.32231 of 2017
original owner. As against the judgment and decree, no appeal further has been
filed by the original owner and the judgment and decree has become final and
also further, they approached this Court by filing a writ petition in
W.P.No.25061 of 2016, seeking a mandamus or direction to the registering
authority to register the judgment and decree with regard to the property in
question, where a learned Judge of this Court, by order, dated 20.07.2016
passed an order in that writ petition, directing the registering authorities to
register the judgment and decree passed by the Civil Court in O.S.No.5005 of
2013. Despite the same, the registering authority has not registered the
judgment and decree and that issue is still pursued by the petitioners on the
one hand and on the other hand, with regard to the patta in respect of the land
in question, which has been declared by the Civil Court as referred to above in
favour of the petitioners, they approached the respondent Tahsildar by making
a representation on 22.03.2017 seeking to issue a patta in favour of the
petitioners in respect of the land. However the said request also having not
been considered by the Revenue Tahsildar, the petitioners have approached
this Court by filing the present writ petition with the aforesaid prayer.
4. Ms.Karthikaa Ashok, learned counsel appearing for the petitioners,
having relied upon all these developments as well as the documents in support
https://www.mhc.tn.gov.in/judis/
W.P.No.32231 of 2017
of these developments would submit that, though the land in question had been
purchased, of course by unregistered sale deed by the father of the petitioners
long back, i.e., 60 years back and all along they had been in possession and
enjoyment of the property and in that strength they already approached the
Civil Court and got a decree in their favour as referred to above by way of
adverse possession, as against which, since no appeal has been filed, the said
judgment and decree of the Civil Court having become final, the petitioners
are very much entitled to get consequential relief, i.e., issuance of patta in their
favour for the land in question.
5. In this regard, even though a proper representation has been given on
22.03.2017 to the respondent Tahsildar, so far, the same has not been acted
upon. In this regard, it is the further grievance of the petitioners that, once the
patta is given to the petitioners, after ascertaining the afore stated facts, they
would also be entitled to get the land measured, for which the petitioners are
ready and willing to pay the necessary charge and once the land is measured
and boundaries are identified, the boundary stones can also be laid, of course
at the cost of the petitioners. Therefore, cumulatively for all these things,
when the petitioner approached the respondent Tahsildar, no fruitful
action since has been taken by them, the petitioners have approached this
https://www.mhc.tn.gov.in/judis/
W.P.No.32231 of 2017
Court by filing the present writ petition with the aforesaid prayer, therefore the
learned counsel seeks indulgence of this Court to issue a suitable direction to
the respondent Tahsildar.
6. Per contra, Mr.J.Pothiraj, learned Special Government Pleader
appearing for the respondent, Tahsildar would submit that, if at all the
petitioners got a Civil Court decree as referred to and on the strength of the
Civil Court decree, which according to them, having become final, if they
made an application to the respondent Tahsildar as early as on 22.03.2017,
certainly that application / representation would be considered by the
respondent Tahsildar on merits and in accordance with law and in this regard,
if any rival claim comes, after ascertaining the same and by giving an
opportunity of being heard to the petitioners as well as the other person who
makes any rival claim, the issue with regard to the plea of the petitioners can
very well be decided by the respondent Tahsildar within a time frame and
therefore a direction can be issued in this regard which would be complied
with.
7. I have considered the said submission made by the learned counsel
appearing for the parties and have perused the materials placed before this
Court.
https://www.mhc.tn.gov.in/judis/
W.P.No.32231 of 2017
8. As has been pointed out by the learned counsel appearing for the
petitioners that there has been a Civil Court decree as early as on 03.02.2014
in favour of the petitioners pertaining to the property in question and it is
asserted by the learned counsel appearing for the petitioner that, as against the
Civil Court decree, no further appeal has been filed. Therefore the said Civil
Court decree has become final.
9. In this regard, already there is a direction given by this Court, by
order, dated 20.07.2016 in W.P.No.25061 of 2016 directing the registering
authorities to register the said Civil Court decree in the Encumbrance Register
pertaining to the property in question.
10. Be that as it may, now the plea of the petitioners is to give patta to
the land in question and in this regard, petitioners already given a
representation to the Tahsildar on 22.03.2017, therefore the same should have
been considered in time, since it has not been considered, the petitioners have
approached this Court, this Court feels that, a direction by way of mandamus
can be issued to the respondent Tahsildar to look into the said representation
of the petitioners, dated 22.03.2017 and accordingly, decide the same on
merits and in accordance with law, of course by taking into account the Civil
https://www.mhc.tn.gov.in/judis/
W.P.No.32231 of 2017
Court decree, dated 03.02.2014 referred to above by giving separate notices to
the petitioners as well as the rival claimants, if any, and after giving due
opportunity to them final orders can be passed by the Tahsildar.
11. In that view of the matter, there shall be a direction to the respondent
Tahsildar to consider and decide the application / representation of the
petitioners, dated 22.03.2017 for issuance of patta in respect of the property at
No.52/27, 1st Street Extension, Parameswari Nagar, Adyar, Chennai - 600 020,
of course pursuant to the Civil Court decree made in O.S.No.5005 of 2013,
dated 03.02.2014 on the file of the II Assistant City Civil Court, Chennai and
in this regard, while considering the same, opportunity of being heard shall be
given to the petitioners as well as the rival claimants, if any, by giving separate
notices to them and after affording reasonable opportunity to them, the needful
shall be undertaken by the respondent Tahsildar for issuance of patta to the
petitioners in respect of the land in question and the final orders to that effect
shall be passed, within a period of eight weeks from the date of receipt of a
copy of this order.
12. It is made clear that, once patta is given by the respondent Tahsildar,
pursuant to this direction, it is open to the petitioners to make further plea for
https://www.mhc.tn.gov.in/judis/
W.P.No.32231 of 2017
measuring the land for the purpose of identification of the boundary and lay
the boundary stone as it would be a subsequent issue, that can very well be
claimed by the petitioners, depending upon the outcome of the decision to be
made by the respondent Tahsildar on the present issue, i.e., issuance of patta.
13. It is further made clear that the Tahsildar, while deciding the issue
for giving patta to the land in question as claimed by the petitioners, shall not
insist upon registering the Civil Court decree in the Encumbrance Register to
be maintained by the Registration Department.
14. With these observation and direction, this writ petition is disposed
of. However, there shall be no order as to costs.
20.04.2021
Index : Yes / No
Speaking order / Non-speaking order
tsvn
To
The Tahsildar
Velachery Taluk,
Taramani 100 Feet Road,
Chennai - 600 113.
https://www.mhc.tn.gov.in/judis/
W.P.No.32231 of 2017
R. SURESH KUMAR, J.
tsvn
W.P.No.32231 of 2017
20-04-2021
https://www.mhc.tn.gov.in/judis/
