Madras High Court
Mr.N.Kumar Naicker vs The Collector on 26 July, 2021
W.A.(MD)No.1442 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.1442 of 2021
and
C.M.P.(MD).No.5933 of 2021
Mr.N.Kumar Naicker
... Appellant/Petitioner
Vs
1.The Collector,
Office of the District Collector,
Dindigul District.
2.The District Revenue Officer,
Office of the District Revenue Officer,
Dindigul,
Dindigul District.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Palani,
Dindigul District.
4.The Tahsildar,
Office of the Tahsildar,
Vedachandur Taluk,
Dindigul District.
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W.A.(MD)No.1442 of 2021
5.P.Ponnusamy
6.Mrs.Amudha
7.Mr.Gopinath
8.Smt.Jeevitha ... Respondents
PRAYER: Appeal under Clause 15 of the Letters Patent, to set aside the
order dated 26.03.2021 passed in W.P.(MD).No.6747 of 2021 calling for
the records relating to the impugned order made by the 4th respondent in
Na.Ka.No.5582/2019/Aa2 dated 14.10.2020 and quash the same as illegal
and consequently direct the respondents 2 to 4 to remove the 5th respondent
and Selvaraj name from the Patta No.489 issued for Survey No.1107/3,
Kalvarpatti Village, Vedachandur Taluk, Dindigul District.
For Appellant : Mrs.Kanimozhi Mathi
For R1 to R4 : Mr.A.K.Manikkam
Standing Counsel
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mrs.Kanimozhi Mathi, learned counsel appearing for the
appellant and Mr.A.K.Manikkam, learned Standing Counsel appearing for
the respondents 1 to 4. The respondents 5 to 8 are private parties. Notice to
them is dispensed with, because the writ petition was dismissed at the
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W.A.(MD)No.1442 of 2021
admission stage without notice to the respondents 5 to 8. The order passed
in the writ petition requires to be set aside for the following reasons:
The appellant sought for setting aside the order dated 14.10.2020,
passed by the fourth respondent-Tahsildar, Vedachandur Taluk, Dindigul
District and for a consequential direction to remove the names of the fifth
respondent in patta No.489 issued in respect of survey No.1107/3,
Kalvarpatti Village, Vedachandur Taluk, Dindigul District.
2. The learned Single Bench dismissed the writ petition at the
admission stage on the ground that a civil suit has been filed in O.S.No.89
of 2020 by the respondents 5 to 8, which is pending before the Subordinate
Court, Vedachandur and therefore, the matter has to be agitated before the
civil Court. On facts we find that the suit has been filed by the respondents
5 to 8 after the appellant gave a representation for correction of the mistake,
which has occured while updation of the revenue records and issuance of
computer patta. In fact, hearing was fixed by issuing notice to both sides on
25.11.2019. Subsequently, the suit had been filed and the suit is only for a
decree of permanent injunction.
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W.A.(MD)No.1442 of 2021
3. Since the respondents 5 to 8 informed the fourth respondent about
the pendency of the suit, the fourth respondent has passed the order dated
14.10.2020, directing the appellant to agitate his right before the civil Court.
Thus, the question before the Writ Court was whether the suit which has
been filed subsequent to the application given by the appellant for
rectification of error in patta can be a bar for conducting the enquiry.
4. Secondly, the suit is based upon the patta issued by the fourth
respondent, the correctness of which is questioned by the appellant by filing
the appropriate application before the revenue Authorities and therefore,
whether the suit can be a bar for the Authorities to conduct an enquiry.
These issues can be agitated only after counter-affidavit is filed.
5. Since the writ petition was dismissed at the admission stage, we are
of the view that the order has to be set aside and the writ petition has to be
restored to the learned Writ Court, so that the official respondents can file
their counter-affidavits and private respondents shall also be heard.
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W.A.(MD)No.1442 of 2021
6. For the above reasons, this Writ Appeal is allowed. The order
passed in the writ petition is set aside and the writ petition is restored to the
file of the learned Writ Court with the direction to the Registry to list the
writ petition in the admission list before the appropriate Hon'ble Single
Bench dealing with the said roaster. No costs. Consequently, connected
miscellaneous petition is closed.
(T.S.S.,J.) (S.A.I.,J.)
26.07.2021
Index : Yes/No
Internet : Yes/No
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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.
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https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1442 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
To:
1.The Collector,
Office of the District Collector,
Dindigul District.
2.The District Revenue Officer,
Office of the District Revenue Officer,
Dindigul,
Dindigul District.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Palani,
Dindigul District.
4.The Tahsildar,
Office of the Tahsildar,
Vedachandur Taluk,
Dindigul District.
W.A.(MD) No.1442 of 2021
and
C.M.P.(MD).No.5933 of 2021
26.07.2021
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https://www.mhc.tn.gov.in/judis/
