Madras High Court
Kandasamy Madurar vs The Zonal Deputy Tahsildar on 26 October, 2021
W.P(MD)No.18902 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.18902 of 2021
Kandasamy Madurar ... Petitioner
Vs.
1.The Zonal Deputy Tahsildar,
Orathanadu,
Tanjore District.
2.Mariammal
3.Veeramuthu
4.Selvakumar
5.The Revenue Divisional Officer,
Revenue Divisional Office,
Thanjavur.
(Respondent No.5 suo motu impleaded as per order of this Court dated
26.10.2021 in this Writ Petition) ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, by directing the first
respondent herein to dispose of the proceedings in N.K.No.2124/2021/A7
pending on his file at the earliest within the time frame as may be fixed by this
Court.
https://www.mhc.tn.gov.in/judis/
1/5
W.P(MD)No.18902 of 2021
For Petitioner : Mr.R.Sundar Srinivasan
For R-1 & R-5 : Mr.P.Subbaraj,
Counsel for State.
ORDER
The petitioner seeks a direction to the first respondent to dispose of
the proceedings bearing Na.Ka.No.2124/2021/A7 at the earliest.
2. The petitioner claims title to 10 Cents of land in Survey
No.383/11 in Aambalapattu Vadapathi Village, Orathanadu Taluk under a
registered sale deed dated 10.12.1970. According to the petitioner, from the
date of purchase thereof, the petitioner is in possession and enjoyment of the
said property. One Appadurai, the father of respondents 2 to 4, filed
O.S.No.105 of 1979 on the file of the District Munsif, Pattukottai seeking
declaration of title in respect of 5 Cents out of the above mentioned 10 Cents.
The said suit was dismissed by judgment and decree dated 12.03.1985.
A.S.No.33/1986, which was filed by the said Appadurai assailing the judgment
and decree, was also dismissed on 31.03.1987. The petitioner asserts that no
second appeal was filed in respect thereof.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18902 of 2021
3. In these facts and circumstances, the petitioner submitted a
representation dated 12.11.2020 to the jurisdictional Revenue Divisional
Officer seeking the cancellation of the joint patta and for issuance of a patta in
the name of the petitioner in respect of the entire 10 Cents in Survey
No.383/11. The present Writ Petition is filed seeking the early disposal of the
said petition.
4. The petitioner has enclosed a copy of the judgment and decree
in O.S.No.105/1979 as well as the decree in A.S.No.33 of 1986. While the
petitioner asserts that no second appeal was filed by the said Appadurai or his
legal heirs, the said Appadurai or his legal heirs should be put on notice before
any decision is taken in this regard. Given the limited scope of the present
proceedings, it is not necessary to enter any findings on the merits of the
petitioner's claim.
5. The authority to cancel a patta is vested on the jurisdictional
Revenue Divisional Officer under the Tamil Nadu Patta Passbook Act, 1983.
Although the said Revenue Divisional Officer has not been made a party to this
proceeding, the said Revenue Divisional Officer is a necessary party.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18902 of 2021
Accordingly, the Revenue Divisional Officer, Revenue Divisional Office,
Thanjavur is suo motu impleaded as the fifth respondent to this petition.
6. In the above facts and circumstances, the Zonal Deputy
Tahsildar and the Revenue Divisional Officer are directed to consider the
petitioner's petition bearing Na.Ka.No.2124/2021/A7 and pass a reasoned order
thereon after providing a reasonable opportunity to the petitioner, respondents 2
to 4 herein and the joint pattadhars in respect of the property bearing Survey
No.383/11. Such reasoned order shall be issued within a period of three (3)
months from the date of receipt of a copy of this order. On account of the fact
that the merits of the matter have not been gone into, the Writ Petition is
disposed of without notice to the private respondents. There will be no order as
to costs.
26.10.2021
Index : Yes / No
Internet : Yes/ No
tsg/nsr
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.18902 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr
To
1.The Zonal Deputy Tahsildar,
Orathanadu,
Tanjore District.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Thanjavur.
W.P(MD)No.18902 of 2021
26.10.2021
https://www.mhc.tn.gov.in/judis/
