Madras High Court
Muniammal vs The District Collector on 1 October, 2021
WP.No.35027 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.35027 of 2012 and
MP.No.1 of 2012
Muniammal ... Petitioner
Vs
1.The District Collector,
Collector Office,
Salem District
2.The District Revenue Officer,
Collector Office,
Salem District
3.The Revenue Divisional Officer,
RDO Office,
Attur Taluk, Salem District
4.The Zonal Deputy Tahsildar,
Attur Taluk Office,
Attur Town, Salem District
5.The Revenue Inspector,
Taluk Office Compound,
Attur Town, Salem District
6.The Village Administrative Officer,
Village Administrative Office,
Ammampalayam Village,
1/8
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WP.No.35027 of 2012
Attur Taluk,
Salem District
7.Madheswaran ... Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a writ of certiorarified mandamus to call for the records of
the fourth respondent in reference 6 (II) 3456/2012 A3 dated 05.12.2012,
quash the same and consequently direct the fourth respondent to restore the
name of the petitioner in Patta No.1984, corresponding to lands in Survey
No.161/2, measuring 0.59.5 hectares (1.47 acres) of Ammampalayam
Village, Attur Taluk, Salem District.
For Petitioner : Mr.T.S.Vijaya Raghavan
For Respondents
For R1 to 6: Mr.M.R.Gokul Krishnan,
Government Advocate
For R7 : Mr.T.Muruga Manickam
ORDER
This Writ Petition is filed to issue a writ of certiorarified
mandamus to call for the records of the fourth respondent in reference 6 (II)
3456/2012 A3 dated 05.12.2012, quash the same and consequently direct
the fourth respondent to restore the name of the petitioner in Patta No.1984,
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WP.No.35027 of 2012
corresponding to lands in Survey No.161/2, measuring 0.59.5 hectares (1.47
acres) of Ammampalayam Village, Attur Taluk, Salem District.
2. The learned counsel for the seventh respondent reported no
instruction from the seventh respondent.
3. The case of the petitioner is that the property comprised in
survey no.161/2 admeasuring 1.47 acres originally belonged to one
Karuppan and his brother Angamuthu. The said property fell to the share of
Angamuthu in a partition and he sold out to one, Vaiyapuri in the year 1935.
In turn, the petitioner purchased from the said Vaiyapuri for valuable sale
consideration by unregistered sale deed dated 27.01.1983. After due
enquiry, the petitioner was issued patta for the said land. The petitioner is in
exclusive possession and enjoyment of the said property. However, the
seventh respondent herein filed suit in OS.No.50 of 2012 on the file of the
District Munsif Court, Athur as against the petitioner and others for
declaration in respect of the land and also for mandatory injunction to
restore the name of the original pattadar i.e. Angamuthu in patta No.5 on the
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WP.No.35027 of 2012
pretext that the same has been tampered and altered. He also filed
application wherein interim injunction was granted and subsequently it was
dismissed by order dated 29.06.2012. However, while pending the suit, on
19.06.2012 the seventh respondent herein made application to the fourth
respondent stating that the name of the pattadar has been wrongly entered
with regard to the subject property and for restoring the name of the said
Angamuthu, dead person. In the said petition, the petitioner was summoned
for enquiry on 29.06.2012 and the petitioner also attended enquiry and
offered explanation about his purchase and the pendency of the suit.
However, without hearing the petitioner, the fourth respondent mechanically
passed the impugned order dated 05.12.2012 thereby cancelled the patta
No.1984 and restoration of patta No.5 in the name of the dead person i.e.
Angamuthu.
4. In the counter filed by the fourth respondent, revealed that the
petitioner's name was found in the taluk computer inadvertently. If the
seventh respondent succeeds in OS.No.50 of 2012 pending on the file of the
District Munsif Court, Athur, then necessary changes will be effected as per
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WP.No.35027 of 2012
the judgment under Section 10 (3) (a) (i) of the Patta Passbook Act.
Therefore, there is no evidence to show that the petitioner was called for
enquiry and attended enquiry.
5. On perusal of the impugned order also, did not refer to any
enquiry conducted with the petitioner herein. Thus, it is clear that the
impugned order passed without conducting any enquiry and it violates the
principles of natural justice. On this ground alone, the impugned order
cannot be sustained as against the petitioner and liable to be set aside.
6. In view of the above, the impugned order dated 05.12.2012 is
set aside and the writ petition is allowed. The matter is remanded back to the
fourth respondent for passing fresh orders. It is made clear that the seventh
respondent already filed suit in OS.No.50 of 2012 on the file of the District
Munsif Court, Athur for declaration and injunction in respect of the very
same subject property. Therefore, the fourth respondent is directed to pass
orders subject to the result of the suit in OS.No.50 of 2012 on the file of the
District Munsif Court, Athur filed by the seventh respondent herein after
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WP.No.35027 of 2012
issuance of notice to the parties concerned and after giving opportunity of
hearing, on merits and in accordance with law. Consequently, connected
miscellaneous petition is closed. No order as to costs.
01.10.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
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WP.No.35027 of 2012
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WP.No.35027 of 2012
G.K.ILANTHIRAIYAN,J.
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To
1.The District Collector,
Collector Office,
Salem District
2.The District Revenue Officer,
Collector Office,
Salem District
3.The Revenue Divisional Officer,
RDO Office,
Attur Taluk, Salem District
4.The Zonal Deputy Tahsildar,
Attur Taluk Office,
Attur Town, Salem District
5.The Revenue Inspector,
Taluk Office Compound,
Attur Town, Salem District
6.The Village Administrative Officer,
Village Administrative Office,
Ammampalayam Village,
Attur Taluk,
Salem District
WP.No.35027 of 2012
01.10.2021
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