Madras High Court
Xavier vs The Revenue Divisional Officer on 29 June, 2021
W.P.(MD).No.18518 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.16741 of 2020
and W.M.P.(MD)No.15480 of 2020
1.Xavier
2.Arul ... Petitioners
Vs.
1.The Revenue Divisional Officer,
Devakottai,
Sivagangai District.
2.The Tahsildar,
Devakottai Taluk,
Sivagangai District.
3.Chellam ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order dated 03.01.2020 of the 1st
respondent in Mu.Mu.A1-6817-2017 and consequential order date of the
1st respondent dated 21.01.2020 in O.Mu.A1/7612/2020 and quash the
same and consequently direct the respondents to restore the patta granted
in favour of the petitioners for property in Survey Nos.327/3A and
327/3B situated at Thidakottai Group, Devakottai Taluk, Sivagangai
District.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18518 of 2020
For Petitioners : Mr.J.Anandkumar
For Respondents : Mr.M.Lingadurai
Govt. Advocate for R1 & R2
Mr.P.Muthusamy for R3
ORDER
The subject matter of challenge in the present Writ Petition is the
impugned order passed by the first respondent dated 03.01.2020 and the
consequential order passed on 21.10.2020, wherein the patta granted in
favour of the petitioners for the subject property was cancelled, based on
the application submitted by the third respondent.
2. The case of the petitioners is that the subject property was
allotted in favour of one Pichaikutty Udayar in a partition suit in the final
decree proceedings in I.A.No.62 of 1976 in O.S.No.70 of 1938.
Subsequently, the revenue records as well as the 'A' Register was
changed to the name of the said Pichaikutty Udayar. On his demise, the
properties devolved on his legal heirs and the legal heirs sold the said
properties in favour of the petitioners by virtue of a registered sale deed
dated 19.12.2011. Thereafter, the patta was also transferred in the name
of the petitioners.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18518 of 2020
3. The third respondent seems to have made an application before
the first respondent seeking for cancellation of patta issued in favour of
the petitioners. The first respondent passed the impugned order directing
the cancellation of the patta granted infavour of the petitioners.
Aggrieved by the same, the present Writ Petition has been filed before
this Court.
4. Heard Mr.J.Anandkumar, learned counsel appearing for the
petitioners, Mr.M.Lingadurai, learned Government Advocate appearing
for the respondents 1 and 2 and Mr.P.Muthusamy, learned counsel
appearing for the third respondent.
5. On a careful perusal of the records filed in the present Writ
Petition, it is seen that the third respondent along with six others had
filed a suit against the petitioners and one another seeking for the relief
of declaration and permanent injunction. In the said suit, the third
respondent and others had claimed an exclusive right over the property
situated in Survey Nos.327/3B and 327/3. The suit was contested and it
was dismissed by judgment and decree dated 02.11.2016. It was further
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18518 of 2020
confirmed in the appeal in A.S.No.3 of 2017 by the Sub Court,
Devakottai, by judgment and decree dated 20.11.2019.
6. It is seen that the third respondent has subsequently approached
the first respondent and sought for cancellation of patta issued in favour
of the petitioners. The main grievance that was expressed by the
petitioner is that they were not put on notice and the first respondent has
completely disregarded the judgment passed by the civil Court and has
proceeded to cancel the patta issued in favour of the petitioners.
7. The first respondent is bound by the judgment passed by the
civil Court in which the third respondent was a party. Admittedly, the
third respondent has approached the first respondent even during the
pendency of the appeal by giving a representation dated 23.08.2017.
Obviously, the third respondent had concealed the material fact that there
was a civil proceeding pending between the parties.
8. The impugned order passed by the first respondent apart from
being vitiated on the ground of violation of principles of natural justice is
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18518 of 2020
also liable to be quashed on the ground that the first respondent has
completely disregarded the judgment and decree passed by a competent
civil Court.
9. In view of the same, the impugned order passed by the first
respondent in proceedings dated 03.01.2020 is hereby quashed and there
shall be a direction to the second respondent to immediately restore the
patta granted in favour of the petitioners with respect to the subject
properties within a period of four weeks from the date of receipt of a
copy of this order.
10. This Writ Petition is allowed with the above directions. No
costs. Consequently, connected miscellaneous petitions are closed.
29.06.2021
Index :Yes/No
Internet : Yes/No
vsm
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.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18518 of 2020
N.ANAND VENKATESH.J.,
vsm
To
1.The Revenue Divisional Officer,
Devakottai,
Sivagangai District.
2.The Tahsildar,
Devakottai Taluk,
Sivagangai District.
W.P.(MD).No.16741 of 2020
and W.M.P.(MD)Nos.13974 & 13975 of 2020
29.06.2021
https://www.mhc.tn.gov.in/judis/
