Madras High Court
L.T.Palanisamy vs The District Revenue Officer on 27 October, 2021
W.P.No.28103 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.28103 of 2013
and M.P.No.1 of 2013
L.T.Palanisamy ... Petitioner
Vs
1.The District Revenue Officer,
Erode District
at Office of Collector Office,
Erode.
2.The Revenue Divisional Officer,
Erode, Erode District.
3.The Tahsildar,
Erode, Erode District.
4.L.A.Thengappa Gounder ... Respondents
Prayer : Writ Petition has been filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorari to call for the entire records of the
1/6
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W.P.No.28103 of 2013
impugned order passed by first respondent on 23.09.2013 in Proceedings
NI.Mu.28544/2007/VU4, Quash the same.
For Petitioner : Mr.P.Dinesh Kumar
For Respondents : Mr.M.R.Gokul Krishnan,
1 to 3 Government Advocate
For Respondent 4 : Mr.K.G.Vasudevan
**********
ORDER
This writ petition has been filed to issue a Writ of Certiorari to call
for the entire records of the impugned order passed by first respondent on
23.09.2013 in Proceedings NI.Mu.28544/2007/VU4, Quash the same.
2. The case of the petitioner is that the petitioner is in possession
and enjoyment of the property comprised in Survey Nos.814/4 and 944/4,
which was allotted and purchased respectively by the fourth respondent
herein. By the family partition the said property was allotted in favour of the
petitioner. At the time of partition the petitioner was a minor and hence his
mother was enjoying the said property on his behalf till 1981. He is being the
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W.P.No.28103 of 2013
youngest son of the fourth respondent herein, he has deprived of by allotting
lesser share. The petitioner also constructed a dwelling house in the property
comprised in Survey No.814/2 and also obtained electricity service
connection.
3. On the strength of the partition deed the petitioner was issued
patta in patta no.832. However, the fourth respondent challenged the same
before the second respondent. In the mean while, the petitioner also filed a
suit for declaration and permanent injunction in O.S.No.67 of 2005 on the
file of the District Munif cum Judicial Magistrate, Kodumudi.
4. While pending the suit, the second respondent dismissed the
petitioner filed by the fourth respondent and aggrieved over the same the
fourth respondent filed appeal before the first respondent. In the mean time,
the suit filed by the petitioner was dismissed by the Judgment and Decree
dated 26.03.2008 and aggrieved by the same the petitioner also preferred first
appeal in A.S.No.125 of 20008 and the same was also dismissed by the
Judgment and Decree dated 15.11.2012. Aggrieved by the same, the
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W.P.No.28103 of 2013
petitioner filed second appeal in S.A.No.594 of 2013 and it is pending before
this Court.
5. Even as per Section 14 of the Patta Passbook Act, after order
passed under Section 13 of the Patta Passbook Act, the agreed party has to
file a suit. In the case on hand, the petitioner rightly filed the suit for
declaration and injunction for the very same subject property and it is
pending in the second appeal before this Court. Therefore, this Court finds
no infirmity and illegality in the orders passed by the first respondent and this
writ petition devoid on merits and liable to be dismissed.
6. However, if the petitioner succeeded in the second appeal in
S.A.No.594 of 2013 is at liberty to approach the third respondent for issuance
of patta in the manner known to law. It is made clear that the petitioner is in
possession and enjoyment of the subject property, considering the said
submission, the petitioner and fourth respondent are directed to maintain
status-quo as on today in respect of the subject property till the disposal of
the second appeal.
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W.P.No.28103 of 2013
7. Accordingly, this writ petition is dismissed. No order as to costs.
Consequently, the connected M.P.No.1 of 2013 is dismissed.
27.10.2021
Index:Yes/No
Speaking Order: Yes/No
rna
To
1.The District Revenue Officer,
Erode District
at Office of Collector Office,
Erode.
2.The Revenue Divisional Officer,
Erode, Erode District.
3.The Tahsildar,
Erode, Erode District.
https://www.mhc.tn.gov.in/judis
W.P.No.28103 of 2013
G.K.ILANTHIRAIYAN,J.
rna
W.P.No.28103 of 2013
and M.P.No.1 of 2013
27.10.2021
https://www.mhc.tn.gov.in/judis
