Madras High Court
K.Mani vs The District Collector on 26 April, 2021
W.P.(MD).No.8503 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8503 of 2021
K.Mani ... Petitioner
Vs.
1. The District Collector,
Madurai District, Madurai.
2. The District Revenue Officer,
Madurai District, Madurai.
3. The Revenue Divisional Officer,
Melur @ Velaripatti, Madurai District.
4. The Tahsildar,
Melur Taluk, Madurai District. ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to restore patta No.1302,
for the petitioner's land in Survey No.20/2, Poothamangalam Village, Melur
Taluk, Madurai District, in favour of the petitioner within time frame fixed by
this Court by considering the petitioner's representation dated 12.12.2020.
For Petitioner : Mr.V.Sukumar
For Respondents : Mr.K.P.Narayanakumar
Special Government Pleader
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8503 of 2021
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the respondents to consider the representation made by
the petitioner on 12.12.2020, wherein, the petitioner has sought for
restoration of the patta in the name of the petitioner within the time limit
fixed by this Court.
2. The case of the petitioner is that he is the owner of the subject
property by virtue of a registered sale deed dated 22.09.1989. The further
case of the petitioner is that the respondents attempted to disturb the peaceful
possession and enjoyment of the subject property. Therefore, the petitioner
filed a suit in O.S.No.302 of 2015, before the District Munsif Court, Melur,
seeking for the relief of permanent injunction.
3. The learned District Munsif, after considering the facts and
circumstances of the case and also the oral and documentary evidence, found
that the fourth respondent had proceeded to classify the property as
Panchami lands and had also cancelled the patta issued in favour of the
petitioner in Patta No.1302, without affording an opportunity to the
petitioner. The findings of the learned District Munsif, Melur, makes it very
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8503 of 2021
clear that there were absolutely no records to show the basis on which the
fourth respondent had proceeded to classify the land as Panchami lands. That
apart, there is also a specific finding to the effect that the petitioner was never
put on notice and all of a sudden, the classification was changed and the patta
issued in favour of the petitioner was cancelled. Therefore, the trial Court
held that the petitioner, who had been in possession and enjoyment of the
property for nearly 32 years cannot be deprived of his right over the property
and hence, the suit was decreed as prayed for by judgment and decree dated
31.01.2019.
4. It is stated that this judgment has become final and no appeal
has been filed by the respondents. The petitioner has also relied upon the
order passed by the Division Bench in W.A.(MD).No.1064 of 2019, dated
24.10.2019, wherein, in a very similar case, the Division Bench had held that
the change in classification of the land as panchami lands, without affording
an opportunity to the owner of the property, is in gross violation of the
principles of natural justice and the Division Bench confirmed the order of
the learned Single Judge, who had declared the classification of the land as
illegal.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8503 of 2021
5. The petitioner based on the above, had made a representation
on 12.12.2020 to the respondents requesting for the restoration of the patta in
his name with respect to the subject property. Since the same was not
considered, the present Writ Petition has been filed before this Court seeking
for appropriate directions.
6. Heard Mr.V.Sukumar, learned counsel appearing on behalf of
the petitioner and Mr.K.P.Narayana Kumar, learned Special Government
Pleader appearing on behalf of the respondents.
7. Taking into consideration the facts and circumstances of the
case and also after considering the decree that was passed in favour of the
petitioner by a competent Civil Court, there shall be a direction to the second
and third respondents to consider the representation made by the petitioner on
12.12.2020 and pass appropriate orders in accordance with law with regard to
the restoration of the patta in favour of the petitioner within a period of eight
(08) weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8503 of 2021
8. The petitioner is directed to make a fresh representation to the
second and third respondents along with all the relevant documents and also a
copy of this order.
9. The Writ Petition stands disposed of with the above directions.
No costs.
26.04.2021
Internet : Yes/No
Index : Yes/No
tsg
To
1. The District Collector,
Madurai District, Madurai.
2. The District Revenue Officer,
Madurai District, Madurai.
3. The Revenue Divisional Officer,
Melur @ Velaripatti, Madurai District.
4. The Tahsildar,
Melur Taluk, Madurai District.
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8503 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.8503 of 2021
Dated:
26.04.2021
https://www.mhc.tn.gov.in/judis/
