Madras High Court
K.Amirthammal (Deceased) vs The Collector on 4 February, 2021
W.P.No 4732 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. No. 4732 of 2011
and W.M.P. No.2 of 2011
1. K.Amirthammal (Deceased)
2.M.Kanniappan
3.K.Ramesh Babu
4.K.Madurai Vinayagam ... Petitioners
Vs
1.The Collector,
Kancheepuram District,
Kancheepuram.
2.The Tahsildar,
Cheyyur Taluk Office,
Cheyyur, Kancheepuram District. .. Respondents
(P2 to P5 are substituted as legal representatives of deceased sole petitioner as
per order dated 07.07.2020 made in WMP. Nos.16226 and 16227 of 2016 in
W.P. No.4732 of 2011)
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorarified Mandamus calling for the records of the second
respondent in passing the impugned order by issuing patta No.984 dated
19.02.2009 by transferring the patta No.395 stood in the petitioner's name to
the name Arasadi Pillayar in respect of S.No.203 measuring 1.81 acres, situated
at Perunkranai Village, Chitammur Post Cheyyur Taluk, Kanchipuram District
and quash the same and direct the second respondent to restore the patta
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W.P.No 4732 of 2011
No.395 to the petitioner's name in respect of the above property.
For Petitioners : Mr. N.Nagu Sah
For Respondents : Mr. A.Madhumathi
Special Government Pleader
O RD E R
This petition is filed for the issuance of Writ of Certiorarified Mandamus
to quash the impugned order by the second respondent transferring patta in the
name of Arasadi Pillayar in respect of S.No.203, situated at Perunkaranai
Village, Chitammur Post Cheyyur Taluk, Kanchipuram District and to direct the
second respondent to restore patta No.395, to the petitioner's name in respect of
the above property.
2. The petitioner namely Tmt. Amirthammal, wife of Kanniyapppan, died
during pendency of this Writ Petition and petitioners 2 to 5 are substituted as
legal heirs of the deceased Amirthammal. It is stated by the petitioner that the
property was originally acquired by Thiru. Ellappan Gounder, the father of
Amirthammal, by way of a registered sale deed dated 24.05.1957. After the
death of said Ellappan Gounder, the property devolved on petitioner and her
mother one Subbulakshmi Ammal. After the lifetime of the said Subbulakshmi
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W.P.No 4732 of 2011
Ammal it is stated that the petitioner became the absolute owner of the property.
Though the patta originally stood in the name of Amirthammal, it is stated that
the same was changed in the name of Deity, Arasadi Pillayar. The petitioner
therefore approached this Court challenging the patta generated through online
by the Deputy Tahsildar, Cheyyur, dated 19.02.2009.
3. The case of the petitioner is that the patta was changed in the name of
Arasadi Pillayar without issuing any notice or giving opportunity to the
petitioners 2 to 5 or their mother. The main issue relates to transfer of patta. It is
admitted that Tmt. Amirthammal filed a suit earlier in O.S. No.45 of 2000
before the District Munsif Court, Madurantakkam and the said suit was
dismissed by a judgment and decree dated 29.11.2007. As against the judgment
and decree of the lower Court, the said Amirthammal filed an appeal in A.S.
No.14 of 2008 on the file of Sub Court, Madhuranthakam. The appeal in A.S.
No.14 of 2008 was also dismissed by a judgment and decree dated 18.11.2009.
Challenging the judgment and decree of the learned Sub-ordinate Judge,
Madurantakkam, the deceased petitioner has filed a Second Appeal in S.A.
No.879 of 2010 before this Court. It is stated that the said Second Appeal is
pending. After the filing of Second Appeal, challenging the judgment and decree
of the lower Court, the above Writ Petition is filed by the petitioners challenging
transfer of patta.
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W.P.No 4732 of 2011
4. The petitioners have produced before this Court only the patta in
favour of Subbulakshmi Ammal. No document showing prior title or revenue
records is produced before this Court. Assuming that the Tahsildar has passed
an erroneous order and the name of some third party is included in the patta, the
suit was decided against the petitioners holding that the deceased petitioner or
her mother had no title to the property as against the defendants in the suit who
represented the temple and set up title in favour of the temple. Having regard to
the Civil Court's decree rejecting the claim of petitioner, this Court is unable to
find any error or irregularity in the patta granted in favour of the temple in
preference to the petitioner. Section 14 of the Tamil Nadu Patta Pass Book Act
clearly enables a person to seek modification of entries in revenue records in
accordance with the declaration of the Civil Court regarding one's title. Since the
petitioner's title has been negatived by the Civil Court, the petitioner cannot seek
transfer of patta in favour of the petitioner. However, it is open to the petitioner
to seek modification of revenue records or for grant of patta in favour of the
petitioners in case the petitioners succeed in Second Appeal now pending before
this Court in S.A. No. 879 of 2010.
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W.P.No 4732 of 2011
5. With the liberty indicated above, this Writ Petition is dismissed as
devoid of merits. No costs. Consequently, connected miscellaneous petition is
closed.
04.02.2021
Index:Yes/No
Speaking order / Non speaking order
bkn
To
1.The Collector,
Kancheepuram District,
Kancheepuram.
2.The Tahsildar,
Cheyyur Taluk Office,
Cheyyur, Kancheepuram District.
http://www.judis.nic.in
W.P.No 4732 of 2011
S.S.SUNDAR. J.,
bkn
W.P. No. 4732 of 2011
04.02.2021
http://www.judis.nic.in
