Madras High Court
M. Palanisamy vs The Tahsildar on 29 November, 2021
W.P.No.25332 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25332 of 2021
and
W.M.P.Nos.26743 & 26744 of 2021
M. Palanisamy .... Petitioner
Vs.
1. The Tahsildar,
Coimbatore (North),
Coimbatore.
2. The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Coimbatore.
3. The District Revenue Officer,
Office of the District Revenue Officer,
Coimbatore.
4. The District Collector,
Coimbatore District.
5. The Zonal Deputy Tahsildar,
Coimbatore North (02 Taluk)
Coimbatore (12) District. .... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorarified Mandamus,
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Page 1 of 8
W.P.No.25332 of 2021
calling for records of the first respondent ending with
Na.Ka.No.05/2016/A6, dated 10.11.2021 and quash the same and
consequently direct the first respondent to issue patta in S.No.709/2, 3
Kalapatti Village, Coimbatore Taluk now bearing S.Nos.709/2A, 3A
admeasuring 5.04 acres as sought vide application
No.2019/0103/12/178672 dated 27.06.2019.
For Petitioner : Mr.N.A.Nissar Ahmed
For Respondents : Mr.A.Selvendran
Special Government Pleader
ORDER
This Writ Petition has been filed for issuance of Writ of
Certiorarified Mandamus, calling for records of the first respondent
ending with Na.Ka.No.05/2016/A6, dated 10.11.2021 and quash the
same and consequently direct the first respondent to issue patta in
S.No.709/2 & 709/3 Kalapatti Village, Coimbatore Taluk now bearing
S.Nos.709/2A & 709/3A admeasuring to an extent 5.04 acres as sought
vide application No.2019/0103/12/178672, dated 27.06.2019.
2. Heard, Mr.N.A.Nissar Ahmed, learned counsel appearing for
the petitioner and Mr.A.Selvendran, learned Special Government Pleader
appearing for the respondents.
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W.P.No.25332 of 2021
3. The property comprised in S.No.709/2A, 3A admeasuring to an
extent of 6.14 acres was assigned by the Government in favour of one
Kitta Madari and Chinnasami Madari. They sold to one Rengan by a
registered sale deed dated 19.07.1967. However, the Additional
Collector revoked the conditional assignment and ordered issuance of
ayan patta to Karuppasamy vide his proceedings dated 25.09.1978. In
pursuant to the same, he was issued patta by the proceedings dated
24.10.1978. Out of 6.14 acres 1.10 acres were alloted to other caste
hindus who belongs to the depressed class. For the remaining 5.04 acres,
the said Karuppasamy entered into an agreement for sale dated
19.06.1987 with the petitioner. However, the Government of Tamil
Nadu cancelled the ayan patta issued in favour of Karuppasamy by the
proceedings dated 25.11.1991. It was challenged by the said
Karuppasamay to set aside the order passed by this Court and the
Hon'ble Division Bench of this Court passed an order dated 18.12.1197
in W.A.No.1214 of 1997 and ordered to restore the revenue records in
the name of Karuppasamy.
4. On the strength of the agreement for sale, the petitioner filed a
suit in O.S.No.615 of 1998 on the file of the II Additional Sub Court,
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W.P.No.25332 of 2021
Coimbatore for specific performance and the same was decreed by a
Judgment and Decree dated 15.02.1999 and the same was also confirmed
by the Hon'ble Division Bench of this Court in A.S.No.155 of 2000 by a
Judgment dated 25.11.2004. In the mean while, the government by an
order dated 10.06.2004 ordered resumption of land on the ground that
the petitioner's vendor had violated the conditions of assignment.
5. It was challenged by the petitioner in W.P.No.32273 of 2004
and the depressed class people also filed W.P.No.9139 of 2003 for
issuance of patta. This Court, by a common order dated 22.04.2010
held that the patta issued in favour of his vendor is violated one, the order
of resumption of the subject land dated 10.06.2004 was untenable.
Thereafter, the petitioner applied for patta after execution of sale deed in
his favour. Accordingly, the sale deed was executed in favour of the
petitioner as per the order of the II Additional Sub Court, Coimbatore in
O.S.No.615 of 1998 on 14.02.2012. Thereafter, the petitioner applied
for patta. However, the same was not considered and as such, the
petitioner was constrained to approach this Court in W.P.No. 32273 of
2004. In fact, the second respondent by the communication dated
16.07.2012, considering all those facts, directed the first respondent to
issue patta in favour of the petitioner.
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W.P.No.25332 of 2021
6. In the mean while, the Tamil Nadu Dalit Peoples Assosication
filed W.P.No.13232 of 2012 for issuance of patta for their community
people and not to dispossess them. In view of the above, in the said writ
petition, the second respondent, by the communication dated 21.07.2012,
directed the first respondent to keep in abeyance with regard to the
mutation of revenue records. Aggrieved by the same, the petitioner filed
an appeal before the third respondent and the same was rejected due to
pendency of the writ petition filed by the Tamil Nadu Dalit Peoples
Association in W.P.No.13232 of 2012.
7. On the strength of the Judgment and Decree and the sale deed
executed in favour of the petitioner, the petitioner filed Execution Petition
in E.P.No.115 of 1999. In the mean while, the legal heirs of the
petitioner's vendor filed an application in E.A.No.970 of 2007 in
E.P.No.115 of 1999 to declare the decree obtained by the petitioner as
null and void. The said request was rejected and aggrieved by the same,
they also preferred Civil Revision Petition in CRP (NPD) No. 919 of
2012. This Court passed a common order dated 03.06.2019 in
W.P.No.13232 and CRP (NPD) No.919 of 2012 and held that the
conditions attached to depressed class patta has already been done away
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W.P.No.25332 of 2021
in the year 1978 and that on execution of the sale deed, the petitioner was
entitled for patta. Therefore, the petitioner applied for patta on
27.06.2019 before the first respondent. However, it was rejected for the
reason that the survey numbers did not tally with the sale deed.
8. Against the said order, the petitioner filed writ petition before
this Court in W.P.No.26687 of 2019 for issuance of patta. This Court
by an order dated 24.02.2021 quashed the impugned order and directed
the first respondent to hold enquiry and pass orders within eight weeks.
Aggrieved by the same, the petitioner filed W.A.No.914 of 2021 and this
Court dismissed the appeal and directed the first respondent to look into
the relevant documents i.e., sale deeds, Civil Court decree, orders passed
by this Court and pass appropriate orders within a period of eight weeks.
However, by the impugned order dated 10.11.2021, the first respondent
rejected the petition for issuance of patta for the reason that on the field
inspection, it was found that there are 350 families are living in their
respective tiled house, shed house and terrace house and also hut. That
apart, in the subject land, the Government School, two churches and two
temples are located and the petitioner is not in possession and enjoyment
of the same. Those peoples are living for more than 35 years and as
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W.P.No.25332 of 2021
such, the application for issuance of patta is dismissed. Admittedly, the
petitioner is not in possession and enjoyment of the subject land
comprised in Ka.Sa.No.709/2A, 3A, 3B admeasuring to an extent of 5.04
acres situated at Kalapatti Village, Coimbatore.
9. Therefore, the first respondent rightly rejected the request of
the petitioner to issue patta and this Court finds no infirmity or illegality
in the order passed by the first respondent. Hence, the writ petition is
devoid of merits. However, the Execution Petition is pending for
delivery of possession in respect of the subject property in E.P.No.115 of
1999 on the filed of the II Additional Sub Court, Coimbtore. After taking
possession of the subject property in the manner known to law, the
petitioner is at liberty to apply for issuance of patta before the first
respondent in the manner known to law.
10. In the result, the writ petition stands dismissed.
Consequently, connected miscellaneous petition is closed. No costs.
29.11.2021
Internet : Yes
Index : Yes/No
Lpp
https://www.mhc.tn.gov.in/judis
W.P.No.25332 of 2021
G.K.ILANTHIRAIYAN, J.
Lpp
To
1. The Tahsildar,
Coimbatore (North),
Coimbatore.
2. The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Coimbatore.
3. The District Revenue Officer,
Office of the District Revenue Officer,
Coimbatore.
4. The District Collector,
Coimbatore District.
5. The Zonal Deputy Tahsildar,
Coimbatore North (02 Taluk)
Coimbatore (12) District.
W.P.No.25332 of 2021
and
W.M.P.Nos.26743 & 26744 of 2021
29.11.2021
https://www.mhc.tn.gov.in/judis
