Madras High Court
N.Raja Muthuramalingam vs The District Collector on 23 September, 2021
W.P(MD)Nos.17105, 17106 and 17107 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD).Nos.17105, 17106 and 17107 of 2021
1.N.Raja Muthuramalingam ... Petitioner in W.P.(MD)No.17105 of 2021
2.K.Neelakandan ... Petitioner in W.P.(MD)No.17106 of 2021
3.K.Chellapandiyan ... Petitioner in W.P.(MD)No.17107 of 2021
Vs.
1.The District Collector,
Collectorate,
Tirunelveli District.
2.The District Revenue Officer,
District Revenue Office,
Tirunelveli District.
3.The Tahsildar,
Tahsildar Office,
Palayamkottai Taluk,
Tirunelveli District. ...Respondents in all petitions
Prayer in W.P.(MD)No.17105 of 2021 : Writ Petition filed under Article 226
of the Constitution of India, praying this Court to issue a Writ of Mandamus,
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W.P(MD)Nos.17105, 17106 and 17107 of 2021
directing the third respondent herein to consider petitioner's representation
dated 24.08.2021 and an e-application vide Applications No.
2020/0105/29/122335, dated 27.02.2020 and issue separate patta in pursuant to
the decree dated 14.06.2006 passed in Appeal Suit in A.S.No.71 of 2006 on the
file of the Principal Sub-Court, Tirunelveli and settlement deed dated
27.02.2014 with respect to the land in Survey No.189/1A1 to an extent of 2
acres 25 cents in Reddiyapatti Village, Palayamkottai Taluk, Tirunelveli District
within a time stipulated by this Court.
Prayer in W.P.(MD)No.17106 of 2021 : Writ Petition filed under Article 226
of the Constitution of India, praying this Court to issue a Writ of Mandamus,
directing the third respondent herein to consider petitioner's representation
dated 01.07.2021 and an e-application vide Applications
No.2020/0105/29/122343, dated 27.02.2020 and issue separate patta in
pursuant to the decree dated 14.06.2006 passed in Appeal Suit in A.S.No.71 of
2006 on the file of the Principal Sub-Court, Tirunelveli and settlement deed
dated 27.02.2014 with respect to the land in Survey No.189/1A1 to an extent of
1 acre 12 ½ cents in Reddiyapatti Village, Palayamkottai Taluk, Tirunelveli
District within a time stipulated by this Court.
Prayer in W.P.(MD)No.17107 of 2021 : Writ Petition filed under Article 226
of the Constitution of India, praying this Court to issue a Writ of Mandamus,
directing the third respondent herein to consider petitioner's representation
dated 01.07.2021 and an e-application vide Applications No.
2020/0105/29/122329, dated 27.02.2020 and issue separate patta in pursuant to
the decree dated 14.06.2006 passed in Appeal Suit in A.S.No.71 of 2006 on the
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W.P(MD)Nos.17105, 17106 and 17107 of 2021
file of the Principal Sub-Court, Tirunelveli and settlement deed dated
27.02.2014 with respect to the land in Survey No.189/1A1 to an extent of 1
acre 12 ½ cents in Reddiyapatti Village, Palayamkottai Taluk, Tirunelveli
District within a time stipulated by this Court.
For Petitioner
(in all petitions) : Mr.D.Nallathambi
for Mr.V.Meenakshisundaram
For Respondents
(in all petitions) : Mr.P.Subbaraj
Counsel for State
COMMON ORDER
These three writ petitions are filed seeking issuance of a separate patta to
the respective petitioner pursuant to the decree dated 14.06.2006 in A.S.No.71
of 2006 on the file of the Principal Sub Court, Tirunelveli and the subsequent
settlement deed dated 27.02.2014 in respect of the land bearing S.No.189/1A1
of an extent of 2 acres 25 cents, 1 acre 12 ½ cents and 1 acre 12 ½ cents,
respectively, in Reddiyapatti Village, Palayamkottai Taluk, Tirunelveli District.
2.The respective petitioner traces title to the land bearing new Survey No.
189/1A (old Survey No.363) of an extent of 4 acres 50 cents to one Alwar
Reddiyar. Pursuant to multiple transactions thereafter, it is stated that the
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W.P(MD)Nos.17105, 17106 and 17107 of 2021
property was purchased by the father of the petitioner in W.P.(MD).No.17105 of
2021, K.Neelakanda Thevar from one Saraswathi Ammal.
3.The petitioner states that there was a dispute between the petitioner's
father and one Raja Gopal Reddiyar. Such dispute was carried through multiple
appeals. Eventually, the Special Commissioner, Land Administration, Chennai
by proceedings dated 15.09.2003, directed the parties to approach the
appropriate civil court. Pursuant thereto, O.S.No.769 of 2004 was filed by
K.Neelakanda Thevar on the file of the Principal Sub Court, Tirunelveli. Such
suit was for the relief of declaration and consequential injunction in respect of
the property admeasuring 4 acres 50 cents in New Survey No.189/1A. The suit
was dismissed by judgment and decree dated 27.02.2006. A.S.No.71 of 2006
was filed assailing the judgment and decree. The appeal suit was allowed by
order dated 14.06.2006. Pursuant thereto, it is stated that three settlement deeds
were executed by Neelakanda Thevar in favour of the three petitioners herein.
Thereafter, the petitioners submitted an e-application dated 27.02.2020 seeking
separate pattas and also submitted a representation dated 24.08.2021 before
approaching this Court.
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W.P(MD)Nos.17105, 17106 and 17107 of 2021
4.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of
all the respondents. He submits that the parties to A.S.No.71 of 2006 should be
put on notice, since it is possible that one of the parties, including the State,
may have filed an appeal against the judgment and decree in A.S.No.71 of
2006. On the other hand, learned counsel for the respective petitioner submits
that it is categorically averred in paragraph 7 of the respective affidavits that the
decree in A.S.No.71 of 2006 has attained finality. This aspect should be
examined while taking a decision on the application of the respective petitioner
for issuance of a separate patta. The other aspect is that the total extent of the
property in S.No.189/1A is 4 acres and 50 cents. Therefore, a subdivision
would be required if separate pattas are to be issued.
5.Subject to the above observations but without entering any findings on
the merits of the matter, the third respondent is directed to consider the three
e-applications submitted by the respective petitioner each dated 27.02.2020 and
act on such applications within a period of three months from the date of
receipt of a copy of this order by taking into account the decree dated
14.06.2006 in A.S.No.71 of 2006. Before taking a decision, the third
respondent shall provide a reasonable opportunity to the respective petitioner as
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W.P(MD)Nos.17105, 17106 and 17107 of 2021
well as the parties to A.S.No.71 of 2006 so as to ascertain whether an appeal
was filed against the decree in the appeal suit and, if so, the outcome thereof.
6.W.P.(MD)Nos.17105, 17106 and 17107 of 2021 are disposed of on
these terms without any order as to costs.
23.09.2021
Index : Yes / No
Internet : Yes/ No
sji
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.
To
1.The District Collector,
Collectorate,
Tirunelveli District.
2.The District Revenue Officer,
District Revenue Office,
Tirunelveli District.
3.The Tahsildar,
Tahsildar Office,
Palayamkottai Taluk,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.17105, 17106 and 17107 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
sji
W.P(MD).Nos.17105, 17106 and 17107 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
