Madras High Court
Ponnusamy vs The District Collector on 2 September, 2021
W.P.No.18371 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.18371 of 2021
Ponnusamy ... Petitioner
Vs.
1.The District Collector,
District Collectorate Office,
Salem District.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Attur Taluk,
Salem District.
3.The Tahsildar,
Attur Taluk Office,
Attur Taluk,
Salem District.
4.The Deputy Tahsildar,
Attur Taluk Office,
Attur Taluk,
Salem District.
5.The Village Administrative Officer,
Ramanaickenpalayam Village and Post,
Attur Taluk,
Salem District. ... Respondents
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W.P.No.18371 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, to direct the respondents particularly 3rd to
5th respondents to issue transfer of patta in petitioner's name and also
mutate revenue records in S.No.686/6 to an extent of 3.07 acres
S.No.687/1 to an extent of 5.80 acre S.No.688/5 to an extent of 1.13 acre
at Ramanaickenpalayam North Village and Post, Attur Taluk, Salem
District.
For Petitioner : Mr.G.Mohammed Aseef
for Mr.P.R.Venkatesh Masethung
For respondents : Mr.K.M.D.Muhilan
Government Advocate
ORDER
The petitioner has filed a mandamus to direct the respondents 3 to 5
to transfer the patta into the petitioner's name and also mutate revenue
records in S.No.686/6 to an extent of 3.07 acres, S.No.687/1 to an extent
of 5.80 acres and S.No.688/5 to an extent of 1.13 acre at
Ramanaickenpalayam North Village and Post, Attur Taluk, Salem District.
2.The case of the petitioner is that the petitioner had purchased the
above said properties from Dhanam, Jaya and Parvathi through their
Registered Power of Attorney viz., Periyaswamy vide Document
No.632/2005 before the SRO, Attur and the petitioner is in possession and
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W.P.No.18371 of 2021
enjoyment of the property.
3.According to the petitioner, one Sengodan was claimed right over
his property and Sengodan filed a suit for declaration in O.S.No.153 of
2005 on the file of the District Munsif Court, Attur against the petitioner
and his vendors. According to the petitioner, he has also filed a suit for
permanent injunction in O.S.No.6 of 2007 on the file of the District Munsif
Court, Attur and both the suits were clubbed together and conducted joint
trial by the District Munsif Court.
4.The petitioner further submits that on 09.02.2018, the District
Munsif Court dismissed the declaration suit filed by Sengodan in
O.S.No.153 of 2005 and decreed the suit filed by the petitioner for
permanent injunction in O.S.No.6 of 2007 restraining Sengodan from
interfering with the suit schedule properties of the petitioner. According to
the petitioner, Sengodan had not preferred any appeal as against the
aforementioned judgments and hence the judgments have attained finality.
5.According to the petitioner, he has applied before the third
respondent Tahsildar for transfer of patta transfer in his name on
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W.P.No.18371 of 2021
29.05.2018. The third respondent directed the petitioner to produce all the
relevant documents pertaining to the properties and the petitioner has
produced all the documents before the third and fourth respondents and the
fourth respondent only conducted the enquiry after receiving all the
documents.
6.The petitioner submits that the fourth respondent vide his
proceedings dated 22.08.2019 in Na.Ka.No.611/339/2019/A3 issued
transfer of patta order in favour of the petitioner and also ordered to
remove the previous pattadars name and a copy of the aforementioned
proceedings was also marked to the fifth respondent/ the Village
Administrative Officer in order to carry out the necessary changes in the
revenue records.
7.The petitioner further submits that despite the fourth respondent
proceedings as well as the District Munsif Court's order in favour of the
petitioner, till date patta was not mutated in his name.
8.The petitioner is left with no other remedy except to approach this
Court under Article 226 of the Constitution of India.
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W.P.No.18371 of 2021
9.The learned Government Advocate submits that the Zonal Deputy
Tahsildar already removed the names of other parties and included the
petitioner's name. The learned Government Advocate furtther submits that
the judgment of the District Munsif Court taken on file and no appeal has
been filed by other parties as against the aforesaid judgment.
10.Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents and perused the materials
available on record.
11.On going through the materials on record and the submissions
made by the learned Government Advocate for the respondents, this Court
is of the view that the petitioner is directed to submit a fresh application
before the authorities concerned within a period of two weeks from the
date of receipt of a copy of this order. If any application is received from
the petitioner within the said period, the respondents shall consider the
same and pass appropriate orders in accordance with after affording an
opportunity to the petitioner within a period of 12 weeks from the date of
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W.P.No.18371 of 2021
receipt of the application.
12.With the above directions, this Writ Petition is disposed of. No
costs.
02.09.2021
Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order
pam
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W.P.No.18371 of 2021
To
1.The District Collector,
District Collectorate Office,
Salem District.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Attur Taluk,
Salem District.
3.The Tahsildar,
Attur Taluk Office,
Attur Taluk,
Salem District.
4.The Deputy Tahsildar,
Attur Taluk Office,
Attur Taluk,
Salem District.
5.The Village Administrative Officer,
Ramanaickenpalayam Village and Post,
Attur Taluk,
Salem District.
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W.P.No.18371 of 2021
V.BHAVANI SUBBAROYAN. J,
pam
W.P.No.18371 of 2021
02.09.2021
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