Madras High Court
A.Esther vs The District Collector on 25 June, 2021
W.P.(MD).No.11415 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.11415 of 2017
A.Esther ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Tahsildar,
Radhapuram Taluk,
Radhapuram – 627 111,
Tirunelveli District.
3.The Zonal Deputy Tahsildar,
Radhapuram Taluk,
Radhapuram – 627 111,
Tirunelveli District.
4.A.Gnanaselvam
5.Parish Priest ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Certiorari, calling for the records of the third
respondent in Order No.2016/0103/29/040177 TR dated 25th October
1/6
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W.P.(MD).No.11415 of 2017
2016 wherein 3rd respondent changed pattadhar Name from petitioner's
father Arputham Mooppanar to “Punitha Matha Devalayam” for whole
77 cents, in Ares Unit about 31.00, of Punsai Land including 15 cents
land being suit property of Civil Litigation now pending in S.A.No.1356
of 2004 before Hon'ble Madurai Bench, in the absence of any order in
S.A.No.1356 of 2004 for the said change of Pattadhar Name and to quash
the order dated 25th October 2016.
For Petitioner : Mr.P.A.Solomon
For Respondents : Mr.M.Lingadurai,
Government Advocate for R1 to R3
Mr.John Kennedy for R5
ORDER
This Writ Petition has been filed challenging the impugned
proceedings of the third respondent dated 25.10.2016, wherein the patta
has been changed from the name of the father of the petitioner to the
name of the fifth respondent.
2. Heard Mr.P.A.Solomon, learned counsel appearing for the
petitioner, Mr.M.Lingadurai, learned Government Advocate appearing
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W.P.(MD).No.11415 of 2017
for the respondents 1 to 3 and Mr.John Kennedy, learned counsel
appearing for the fifth respondent.
3. The main grievance that have been expressed by the learned
counsel appearing for the petitioner is that the civil proceedings are
pending before this Court in S.A.No.1356 of 2004 and during the
pendency of this appeal, the third respondent has proceeded to change
the name in the patta in favour of the fifth respondent.
4. The learned counsel appearing on behalf of the fifth respondent
submitted that the petitioner has lost in the appeal in A.S.No.188 of 2002
before I Additional Sub Court, Tirunelveli and the judgment was in
favour of the fifth respondent and therefore, the proceedings of the third
respondent does not require any interference.
5. In the considered view of this Court, there is admittedly a
Second Appeal is pending before this Court and the revenue authorities
ought to have waited for the final judgment in the Second Appeal and
thereafter, acted in line with the result in the Second Appeal. Instead, the
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W.P.(MD).No.11415 of 2017
third respondent has proceeded to change the name in the patta in favour
of the fifth respondent. The proceedings of the third respondent requires
interference of this Court and accordingly, the same is set aside.
6. The patta shall be restored to the original position as it stood
before the impugned proceedings of the third respondent. It is made
clear that the order passed in this Writ petition will not have absolutely
any bearing on the rights of the parties and it is left open to them to raise
all the issues before this Court at the time of hearing of the Second
Appeal.
This Writ Petition is accordingly allowed. No costs.
25.06.2021
Index :Yes/No
Internet : Yes/No
vsm
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11415 of 2017
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.
To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Tahsildar,
Radhapuram Taluk,
Radhapuram – 627 111,
Tirunelveli District.
3.The Zonal Deputy Tahsildar,
Radhapuram Taluk,
Radhapuram – 627 111,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11415 of 2017
N.ANAND VENKATESH.J.,
vsm
W.P.(MD).No.11415 of 2017
25.06.2021
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