Madras High Court
R.Shanthi vs The District Revenue Officer on 24 September, 2021
W.P.No.22053 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.22053 of 2013
and
M.P.Nos.1 and 2 of 2013
R.Shanthi ... Petitioner
Vs.
1. The District Revenue Officer,
Tiruvallur.
2. The Revenue Divisional Officer,
Ponneri.
3. The Tahsildar,
Ponneri.
4. Suresh Babu (deceased)
5. Malarvizhi
6. D.Chithra
[R-5 and R-6 substituted as LRs of the deceased R-4
vide order dated 24.09.2021 made in WMP.No.2935/2020
in W.P.No.22053/2013] ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a writ of Certiorari, to call for the proceedings of the first respondent in
Na.Ka.No.22279/2012/A3 dated 03.07.2013, confirming the proceedings of
the second respondent in Na.Ka.No.4090/2010/A2 dated 10.12.2010 and quash
the same.
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1/5
W.P.No.22053 of 2013
For Petitioner : Mr.P.V.Muralidhar
For Respondents : Mr.M.R.Gokul Krishnan
Government Advocate (for R-1 to R-3)
: R-4 (Died)
: Mr.V.Chokalingam (for R-5 & R-6)
ORDER
This writ petition is filed to issue a writ of Certiorari, calling for the
proceedings of the first respondent in Na.Ka.No.22279/2012/A3 dated
03.07.2013, confirming the proceedings of the second respondent in
Na.Ka.No.4090/2010/A2 dated 10.12.2010 and quash the same.
2. The case of the petitioner is that in respect of the properties comprised
in S.No.190/2 to an extent of 0.37 cents and in S.No.190/3 to an extent of 0.36
cents situated at Chinnampedu Village, Ponneri Taluk, patta was transferred in
favour of her husband. Subsequently, it was cancelled by the second
respondent on the application filed by the fourth respondent herein. The fourth
respondent had died and his legal heirs have been brought on record as the
fifth and sixth respondents herein. In the meanwhile, the petitioner and others
filed a suit challenging the mortgage deed executed by the fourth respondent in
favour one V.P.Dhanasekaran and also for permanent injunction restraining the
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W.P.No.22053 of 2013
fourth respondent from alienating the subject property. However, the said suit
was dismissed by the judgment and decree dated 26.04.2013 for the reason that
the petitioner failed to seek the prayer of declaration. Aggrieved by the same,
the petitioner also filed an appeal suit in A.S.No.31 of 2013 and the same was
dismissed on 27.09.2019 by the Subordinate Judge, Ponneri. Now, the
petitioner is awaiting for certified copies of that judgment and decree to prefer
an second appeal before this Court.
3. The counter affidavit filed by the deceased fourth respondent filed
reveals that the Civil Court concluded that the possession and enjoyment of the
property with the petitioner. As against the order passed by the second
respondent, the petitioner filed an appeal as contemplated under Section 13 of
the Patta Pass Book Act before the first respondent. The same was also
dismissed and the order passed by the second respondent herein was
confirmed. Therefore, this Court finds no infirmity or illegality in the order
passed by the first respondent.
4. Accordingly, this Writ Petition is dismissed. However, the petitioner is
now preferring second appeal before this Court as against the judgment and
decree passed in A.S.No.31 of 2013. Therefore, subject to the result of the
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W.P.No.22053 of 2013
second appeal, the petitioner can very well approach the third respondent for
issuance of patta for the subject land. Consequently, the connected
Miscellaneous Petitions are closed. No costs.
24.09.2021
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
kv
To
1. The District Revenue Officer,
Tiruvallur.
2. The Revenue Divisional Officer,
Ponneri.
3. The Tahsildar,
Ponneri.
https://www.mhc.tn.gov.in/judis/
W.P.No.22053 of 2013
G.K.ILANTHIRAIYAN, J.
kv
W.P.No.22053 of 2013
24.09.2021
https://www.mhc.tn.gov.in/judis/
