Madras High Court
T.Rajappa vs The District Collector on 6 October, 2021
WP.No.16401 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.16401 of 2012
and
M.P.No.2 of 2012
1.T.Rajappa
2.T.Krishnappa
3.T.Shammanna
4.T.Prakash
5.Parvathamma ... Petitioners
Vs
1.The District Collector,
Krishnagiri District.
2.The Sub Collector,
Hosur, Krishnagiri.
3.The Tahsildar,
Hosur, Krishnagiri District.
4.The Village Administrative Officer,
Bathalappali, Hosur Taluk,
Krishnagiri District. ... Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus, directing the respondents to grant
Ryotwari Patta in petitioners' names for 2.05 acres of Agricultural land in
Survey No.321 in Bathalapalli Village, Hosur Taluk, Krishnagiri District.
1/6
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WP.No.16401 of 2012
For Petitioners : Mr.M.V.Krishnan
For Respondents : Mr.Richardson Wilson
ORDER
This writ petition is filed to direct the respondents to grant
Ryotwari Patta in petitioners' names for 2.05 acres of Agricultural land in
Survey No.321 in Bathalapalli Village, Hosur Taluk, Krishnagiri District.
2. The case of the petitioners is that the property comprised in
Survey No.321 to an extent of 2.05 acres of land situated at Bathalapalli
Village, Moranapalli, Hosur Taluk, Krishnagiri District. The petitioners'
father, Thimmiah had already filed a suit in O.S.No.119 of 1991 on the file
of the District Munsif's Court, Hosur, as against the respondents herein for
declaration and injunction and the same was decreed by judgement and
decree dated 15.04.1996. Aggrieved by the same, the respondents did not
prefer any appeal so far. Therefore, the judgement and decree obtained by
the petitioners' father attained finality. In pursuant to the decree, the
petitioners have filed a writ petition before this Court in W.P.No.36654 of
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WP.No.16401 of 2012
2007 to desist the respondents from encroaching the petitioners' land
admeasuring an extent of 2.05 acres comprised in S.No.321 and this Court
by an order dated 16.02.2008 directed the respondents not to interfere with
the possession of the petitioners' land comprising in Survey No.321
admeasuring 2.05 acres. The petitioners claimed that the family members
are in possession and enjoyment of the subject property for over 70 years,
therefore, they are entitled for grant of patta and as such they issued notice
on 12.12.2011 to the respondents for grant of patta in their names.
Subsequently, they also filed a suit for partition between the family
members and the same was dismissed in respect of the very same property.
3. In the counter affidavit, it is stated that the petitioners family
members have encroached the subject property and constructed building and
rented out to private firms. The land comprised in Survey No.321
comprising 0.825 Hectare of Mornapalli Village has been classified as
Battai in Government Records. The suit filed by the petitioners' father in
O.S.No.119 of 1991 is only for injunction restraining the respondents from
interfering with peaceful possession and enjoyment of the suit property. By
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WP.No.16401 of 2012
obtaining an exparte decree and taking advantage of the same, the
petitioners also filed writ petition and obtained orders, therefore, they are
not entitled for patta.
4. Mr.Richardson Wilson, the learned counsel for the respondents
submitted that the petitioners sought for Ryotwari Patta for the subject
property comprised in Survey No.321 admeasuring 2.05 acres. Therefore,
the application has to be considered only under the Tamil Nadu Estates
(Abolition and Conversion) into Ryotwari Act - 1948. On perusal of the
records revealed that the petitioners have filed a suit in O.S.No.119 of 1991
on the file of the District Munsif Court, Hosur and obtained judgment and
decree dated 15.04.1996 in respect of the property for declaration and
injunction. It attained finality, since the respondents did not prefer any
appeal so far as against the judgment and decree dated 15.04.1996.
Subsequently, in pursuant to the said decree, the petitioners also filed writ
petition in W.P.No.36654 of 2007 and this Court passed an order dated
16.02.2008 directing the respondents not to interfere with the peaceful
possession and enjoyment of the subject property.
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WP.No.16401 of 2012
5. However, the petitioners are directed to make an application
under the Tamil Nadu Estates (Abolition and Conversion) into Ryotwari Act
- 1948 and the respondents are directed to consider the claim of the
petitioners in the light of the judgement and decree in O.S.No.119 of 1991
dated 15.04.1996, after giving due opportunity of hearing to the petitioners
and the counter parties, if any, and pass orders on merits and in accordance
with law.
6. Accordingly, the writ petition stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
06.10.2021
Pns
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
https://www.mhc.tn.gov.in/judis/
WP.No.16401 of 2012
G.K.ILANTHIRAIYAN,J.
Pns
To
1.The District Collector,
Krishnagiri District.
2.The Sub Collector,
Hosur, Krishnagiri.
3.The Tahsildar,
Hosur, Krishnagiri District.
4.The Village Administrative Officer,
Bathalappali, Hosur Taluk,
Krishnagiri District.
W.P.No.16401 of 2012
06.10.2021
https://www.mhc.tn.gov.in/judis/
