Madras High Court
B.Shyamala vs The Tahsildar on 25 October, 2021
W.P.No.27401 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.10.2021
Coram:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.27401 of 2015
and
M.P.Nos. 1 and 2 of 2015
B.Shyamala .... Petitioner
Vs
1. The Tahsildar,
Tituttani, Tiruvallur District.
2. Rajendran
3. Hamsa @ Amsa .... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a writ of certiorarified mandamus calling for the records of
the proceeding in TR/034/03273/40495 of 2015 on the file of the first
respondent; quash the sub-divided individual patta Nos.3272 & 3273
issued pertaining to the schedule property as null and void and
consequentially restrain the first respondent from further transferring the
patta in the name of the third respondent.
For Petitioner : Mr.R.Udayakumar
For R1 : Mr.M.R.Gokul Krishnan,
Government Advocate
For R2 & R3 : Mr. A. Gowthaman
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W.P.No.27401 of 2015
ORDER
This Writ Petition has been filed for issuance of writ of
certiorarified mandamus, calling for the records of the proceeding in
TR/034/03273/40495 of 2015 on the file of the first respondent; quash
the sub-divided individual patta Nos.3272 & 3273 issued pertaining to
the schedule property as null and void and consequentially restrain the
first respondent from further transferring the patta in the name of the
third respondent.
2. Heard, Mr.R.Udayakumar, the learned counsel appearing for
the petitioners, Mr.M.R.Gokul Krishnan, learned Government Advocate
appearing for the first respondent and Mr. A. Gowthaman, learned
counsel appearing for the second and third respondents.
3. The case of the petitioner is that the land comprised in survey
No.157/3 situated at Mamandoor Village, Tiruttani Taluk, Tiruvallur
District admeasuring 1 ares 52 cents belonged to one Raniammal,
Munusamy, Neelammal, Govindammal and Ellammal. They were issued
joint patta in Patta No.595 covering to an extent of 3 acres 76 cents. The
second respondent parents are also joint pattadors in Patta No.595.
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W.P.No.27401 of 2015
They have purchased the property to an extent of 1 acre 46 cents through
three different registered sale deeds, which were registered as Document
Nos.69 of 1987, 1426 of 1998 and 90 of 1999 on the file of the Sub-
Registrar, Tiruttani. They executed a settlement deed in favour of the
second respondent on 23.08.2010 vide document No.4892 of 2010.
4. According to the petitioner, his parents have no title to settle
the subject property in favour of the second respondent. On the other
hand, the petitioner claimed that the subject property was owned by his
grandfather and grandmother and they are having un-divided right of
share 1.46 cents out of 3.76 cents. Therefore, the petitioners raised
objections before the Sub-Registrar. On the strength of the settlement
deed, there was sub-division as Survey Nos.157/3A and 157/3B. In
pursuant to the sub-division and the settlement deed, the second
respondent sold out the subject land by way of registered sale deed dated
22.07.2015 in favour of the third respondent vide document No.3217 of
2015. Now the said order of sub-division is challenged in this Writ
Petition.
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W.P.No.27401 of 2015
5. It is seen from the counter and the typed set filed by the second
and third respondents herein, after settlement deed executed in favour of
the second respondent already sub-division was ordered and accordingly,
the patta was issued in favour of the second respondent. However, the
petitioner and two others also filed a suit in O.S.No.119 of 2015 on the
file of the Additional District Munsif, Tiruttani, challenging the sale
deed executed in favour of the third respondent by the second respondent
as null and void and also for permanent injunction. The said suit was
dismissed for default by a Judgment and Decree dated 07.01.2021 on the
file of the Additional District Munsif, Tiruttani. Pending the said suit,
the Writ Petition was filed before this Court. However, the said suit
was dismissed for default and the petitioners did not take any steps to
restore the suit. That apart, in pursuant to the settlement deed executed
in favour of the second respondent, the first respondent ordered for sub-
division of property and issued patta in favour of the second respondent
herein.
6. In view of the above, this Court finds no infirmity or illegality
in the order passed by the first respondent. Therefore, the writ petition
is devoid of merits. If the petitioners succeed in the suit, declaring the
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W.P.No.27401 of 2015
sale deed executed in favour of the third respondent by the second
respondent is null and void, it is open to the petitioner to approach the
first respondent for issuance of patta in the manner know to law.
7. In the result, the writ petition stands dismissed. Consequently,
connected Miscellaneous Petitions are closed. No costs.
25.10.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
Lpp
To
The Tahsildar,
Tiruttani,
Tiruvallur District.
https://www.mhc.tn.gov.in/judis/
W.P.No.27401 of 2015
G.K.ILANTHIRAIYAN, J.
Lpp
W.P.No.27401 of 2015
and
M.P.Nos. 1 and 2 of 2015
25.10.2021
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