Madras High Court
Arumugam vs The District Collector on 26 November, 2021
W.P(MD)No.23930 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :26.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD).No.23930 of 2017
and
W.M.P.(MD).No.20086 of 2017
Arumugam ... Petitioner
Vs.
1.The District Collector
Ramanathapuram District.
Ramanathapuram.
2.The Sub Collector,
Paramakudi,
Ramanathapuram District.
3.R.Pathul Jaman ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records of the
second respondent's impugned order in PaMu(A4) 8487/2016, dated
02.11.2017 and quash the same as illegal.
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23930 of 2017
For Petitioner : Mr.M.Kannan
For R1 & R2 : Mr.Shanmugavel
Additional Government Pleader
For R3 : Mr.S.Anand Chandrasekar
for Mr.D.Senthil
ORDER
The Writ petition has been filed in the nature of Certiorari, seeking
records of the second respondent, dated 02.11.2017 and to quash the same. A
particular piece of land was allotted to one Noorjahan, on the basis that she
was a landless lady and she requires that particular land. When such land is
allotted naturally, conditions are imposed, namely, that the construction must be
put up within a year and that the property should not be alienated within a
period of ten years. Whether Noorjahan had violated the terms of the
assignment is an issue, which has to be decided during the course of the trial in
the suit which is now pending, namely, O.S.No.113 of 2016 before the District
Munsif, Paramakudi. She sold the land to the petitioner herein. The petitioner
for good measure, sold one half of the land to his own wife. Stating that this
was in violation of the assignment, the third respondent had given a
representation to the second respondent.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23930 of 2017
2.The second respondent, after enquiring into the entire issue, had passed
the impugned order cancelling the patta in the name of the petitioner herein.
3.The petitioner also had instituted a suit in O.S.No.113 of 2016, which
is now pending on the file of the District Munsif Court at Paramakudi. In the
said suit, the father of the third respondent is the first defendant.
4.I am informed that the suit is at the part-heard stage. It need not be
restated that in any civil dispute adjudication by any judge, would be based
only on the evidence presented and on analysis of such evidence and
pleadings. Quite apart from various issues, the learned Munsif may also keep
in mind the maintainability of the suit also. The learned Munsif may also keep
in mind the order of cancelling the patta, at the same time, also balance those
facts with the order granting assignment to Noorjahan and also the fact that the
petitioner had purchased the property. All these aspects have to be tested
during the course of trial and let the District Munsif come to a considered
decision on them.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23930 of 2017
5.No further orders are required. I am not interferring with the order
passed by the Tahsildar. Let that order stand and any modification will depend
upon the decree and judgment passed by the District Munsif Paramakudi.
6.These observations in this order are only for the limited purpose of
deciding the present Writ Petition. This Writ petition is disposed of. No costs.
Consequently, the connected Miscellaneous Petition is also closed.
26.11.2021
Index : Yes / No
Internet : Yes/ No
lr/sn
To
1.The District Collector
Ramanathapuram District.
Ramanathapuram.
2.The Sub Collector,
Paramakudi,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23930 of 2017
C.V.KARTHIKEYAN, J.
lr/ sn
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.
W.P(MD).No.23930 of 2017
and
W.M.P.(MD).No.20086 of 2017
26.11.2021
https://www.mhc.tn.gov.in/judis
