Madras High Court
S.V.Dhanasekar vs The Thasildar on 26 August, 2021
W.P.No.10899 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. No.10899 of 2014
and M.P. No.1 of 2014
1. S.V.Dhanasekar
2. V.Lakshmipathi
3. V.Anandan
4. V.Pushpalatha
5. V.Bhuvaneswhari
6. V.Manikandan ... Petitioners
-Vs-
1. The Thasildar,
Talluk Office Building,
G.S.T.Road, Tambaram East,
Chennai-45.
2. The Special Thasildar,
Urban Land Scheme, Tambaram,
Chennai.
3. The Secretary to Government of Tamilnadu,
Home Department,
Fort St.George, Chennai.
4. The Inspector of Police,
Selaiyur Police Station,
Kancheepuram District. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus to call for the
proceedings of the first respondent in its O.Mu.27/A/2014 dated 24.03.2014 and
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W.P.No.10899 of 2014
quash the same and consequently direct the respondents to issue patta to the
petitioners land in Survey No.84/3A extent of 34 cents in Selaiyur Village,
Tambaram Taluk, Kancheepuram District.
For Petitioners : Mr.V.Vijay Shankar
For Respondents : Mr.Richardson Wilson
Government Advocate.
ORDER
The Writ Petition has been filed to call for the proceedings of the
first respondent in its O.Mu.27/A/2014 dated 24.03.2014 and quash the same
and consequently direct the respondents to issue patta to the petitioners land in
Survey No.84/3A extent of 34 cents in Selaiyur Village, Tambaram Taluk,
Kancheepuram District.
2. The case of the petitioners is that they are in possession and
enjoyment of the property comprised in survey No.84/3A to an extent of 34
cents situated at Selaiyur Village, Tambaram Taluk, Kancheepuram District for
the past several years by their predecessor viz., their father and grandfather.
While being so, the fourth respondent herein attempted to trespass into the said
property. Therefore, his grandfather filed suit in O.S.No.13 of 1983 for bare
injunction on the file of the District Munsif Court, Poonamallee, as against the
fourth respondent as the same was decreed by the judgment and decree dated
13.11.1983.
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W.P.No.10899 of 2014
3. Again in the year 1997, the fourth respondent disturbed the
possession and enjoyment of the petitioners. Therefore the petitioners' father
filed another suit in O.S.No.401 of 1978 on the same Court, for injunction in
respect of the very same property as against the fourth respondent and the same
was also decreed by the judgment and decree dated 14.07.1987. Further the
third party also filed another suit in O.S.No.3393 of 1993, in which the fourth
respondent filed written statement stating that they decided to move the police
station to some other place. They further stated that, there is no impediment in
retaining the out post police station in the said property. The said suit in
O.S.No.3393 of 1993 was also dismissed by the judgment dated 13.03.2002.
While being so, the petitioners applied for patta to the first respondent for the
said property. It was rejected on the ground that the land classified as
Vandipathai and it is in possession of the fourth respondent herein. Aggrieved by
the said order, the petitioners filed the present Writ Petition with the above
prayer.
4. Heard Mr.V.Vijay Shankar, learned counsel appearing for the
petitioners, Mr.Richardson Wilson, learned Government Advocate appearing for
the respondents.
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W.P.No.10899 of 2014
5. It seen that, as against the order passed by the Thasildar, there is an
appeal provisions under Section 12 of the Patta Passbook Act 1983. When there
is a specific remedy is available, this Court cannot entertain the present Writ
Petition filed under Section 226 of the Constitution of India, unless there is
violation in principles of natural justice. Therefore the Writ Petition is devoid of
merits and liable to be dismissed. However, the petitioners are at liberty to file
an appeal before the appellate authority within a period of two weeks from the
date of the receipt of a copy of this Order. The period of pendency of this Writ
Petition may be excluded while calculating the limitation period. If any appeal
filed, the appellate authority is directed to dispose the same within a period of
twelve weeks thereafter.
6. In the result, the Writ Petition stands dismissed. Consequently,
connected miscellaneous petition is closed. There shall be no order as to costs.
26.08.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
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W.P.No.10899 of 2014
To
1. The Thasildar,
Talluk Office Building,
G.S.T.Road, Tambaram East,
Chennai-45.
2. The Special Thasildar,
Urban Land Scheme, Tambaram,
Chennai.
3. The Secretary to Government of Tamilnadu,
Home Department,
Fort St. George, Chennai.
4. The Inspector of Police,
Selaiyur Police Station,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis/
W.P.No.10899 of 2014
G.K.ILANTHIRAIYAN, J.
rts
W.P. No.10899 of 2014
and M.P. No.1 of 2014
26.08.2021
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