Madras High Court
Siva Nedunchezian vs The District Collector on 18 November, 2021
WP.No.22912 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.22912 of 2019
Siva Nedunchezian ... Petitioner
Vs
1.The District Collector,
Perambalur District,
Perambalur
2.The District Revenue Officer,
Perambalur District
3.The Revenue Divisional Officer,
Perambalur,
Perambalur District
4.The Tahsildar,
Kunnam Taluk,
Perambalur District
5.The Assistant Director of Land Survey,
Perambalur District,
Perambalur
6.The Head Surveyor,
Kunnam Taluk,
Perambalur District
7.S.Kuppuchamy
8.K.Pannerselvam ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
WP.No.22912 of 2019
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents 1 to 6 herein
to cancel the patta obtained by the 7th and 8th respondents in respect of the
lands comprised in survey No.25-12B situated at Olaipadi East Village,
Kunnam Taluk, Perambalur District and issue patta in the petitioner name on
the basis of the petitioner's representation dated 10.06.2019 within the time
stipulated by this Court.
For Petitioner : Mr.T.Shanmugam
For Respondents
For R1 to 6 : Mr.A.Selvendran,
Special Government Pleader
For R7 & 8 : Mr.R.Ragavendran
ORDER
This writ petition has been filed challenging the patta issued in
favour of the 7th and 8th respondents in respect of the land comprised in
survey No.25-12B situated at Olaipadi East Village, Kunnam Taluk,
Perambalur District and issue patta in the petitioner's name on the basis of
the petitioner's representation dated 10.06.2019.
https://www.mhc.tn.gov.in/judis
WP.No.22912 of 2019
2. For the very same property, the seventh respondent herein filed
suit in OS.No.107 of 2014 on the file of the District Munsif Court,
Perambalur for declaration and permanent injunction. The said suit was
dismissed for default by the judgment and decree dated 19.07.2018. The
restoration petition was also dismissed by order dated 05.12.2019 in
IA.No.1 of 2019. While pending the suit, the seventh respondent filed writ
petition before this Court in WP.No.29736 of 2014 and this Court by order
dated 15.12.2014 dismissed the writ petition and observed that the revenue
officials cannot initiate any enquiry in respect of the lands that form the
subject matter of the civil suit. Now the suit is dismissed for default and the
restoration petition is also dismissed.
3. Considering the above, the third respondent is directed to
conduct enquiry on the application submitted by the petitioner and, after
issuance of notice to the petitioner and respondents 7 & 8 and giving them
opportunity of hearing, pass orders on merits and in accordance with law
within a period of twelve weeks from the date of receipt of copy of this
order.
https://www.mhc.tn.gov.in/judis
WP.No.22912 of 2019
4. With the above direction, this writ petition is disposed of. No
order as to costs.
18.11.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
https://www.mhc.tn.gov.in/judis
WP.No.22912 of 2019
https://www.mhc.tn.gov.in/judis
WP.No.22912 of 2019
G.K.ILANTHIRAIYAN, J.
lok
To
1.The District Collector,
Perambalur District,
Perambalur
2.The District Revenue Officer,
Perambalur District
3.The Revenue Divisional Officer,
Perambalur,
Perambalur District
4.The Tahsildar,
Kunnam Taluk,
Perambalur District
5.The Assistant Director of Land Survey,
Perambalur District,
Perambalur
6.The Head Surveyor,
Kunnam Taluk,
Perambalur District
WP.No.22912 of 2019
18.11.2021
https://www.mhc.tn.gov.in/judis
