Madras High Court
Krishnan vs Government Of Tamil Nadu on 18 August, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No. 5839 of 2019
And
W.M.P.Nos. 6672 & 18039 of 2019
Krishnan ... Petitioner
Vs.
1. Government of Tamil Nadu
by its Secretary
Revenue Department
Secretariat, Chennai.
2. The District Collector
Namakkal.
3. The District Revenue Officer
Namakkal.
4. The Thasildhar
Mohanur
Namakkal District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamuscalling for the records of
the third Respondent proceedings No. Na.Ka.No. 15667/2016 (O1) dated
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2
07.01.2019 and quash same is illegal and direct the third respondent to issue
patta in favour of the petitioner and his brothers for the suit property in
O.S.No. 400 of 1988 on the file of the Additional District Munsif Court,
Namakkal, as per the decree passed on 22.03.1993.
***
For Petitioner : Mr. S.Nuthukrishnan
For RR 1 to 4 : Mr. Yougesh Kannadasan
Government Advocate
ORDER
The Writ Petition has been filed in the nature of a writ of
Certiorarified Mandamus to interfere with the order of the third respondent /
District Revenue Officer, Namakkal, in Na.Ka.No. 15667/2016 (O1) dated
07.01.2019 whereby the representation of the petitioner had been rejected
on the ground that the Government had filed an Appeal before the Sub Court
against the Judgment in O.S.No. 400 of 1988 which had been decreed on
22.03.1993.
2. Without going deeply into the facts of the case, the said order is
set aside and a direction is given to the petitioner to give a fresh application
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to the fourth respondent/ Thasildhar, Mohanur, Namakkal District, seeking
patta for the lands in S.Nos. 405/3, 406/3, 413/1 and 405/2B in
Sevanthipatty Post, Mohanur Taluk, Namakkal District.
3. The fourth respondent on receipt of the said representation
made examine the revenue records, may examine the nature of the land, may
also invite the petitioner for an enquiry and thereafter take a considered
decision whether to grant patta or not to grant patta. The Thasildhar may
also examine whether the appeal said to have been filed against the decree in
O.S.No. 400 of 1988 is still pending or not and if the same is pending,
mention the name of the first appeal so that the petitioner can participate in
the said appeal. The Thasildhar may also get an affidavit from the petitioner
that to his knowledge no such appeal is pending or no such further appeal is
pending as against the decree in O.S.No. 400 of 1988. However, after
subjecting o satisfaction, the Thasildhar may take an independent decision
whether to grant patta or not to grant patta. Reasons for the same may also
be intimated to the petitioner. The entire exercise should be completed
within a period of 12 weeks from the date of representation from the
petitioner. The petitioner is directed to give a representation within a period
of two weeks from the date of receipt of a copy of this order.
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C.V.KARTHIKEYAN, J.
Vsg
4. With the above said observation, this Writ Petition is disposed
of. Consequently, connected Miscellaneous Petitions are closed. No order
as to costs.
18.08.2021
Index:Yes/No
Internet:Yes/No
vsg
To
1. The Secretary
Government of Tamil Nadu
Revenue Department
Secretariat, Chennai.
2. The District Collector
Namakkal.
3. The District Revenue Officer
Namakkal.
4. The Thasildhar
Mohanur
Namakkal District.
W.P.No. 5839 of 2019
And
W.M.P.Nos. 6672 & 18039 of 2019
http://www.judis.nic.in
http://www.judis.nic.in
