Madras High Court
R.Ramalingam vs The District Collector on 29 September, 2021
W.P.No.20921 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.20921 of 2021
R.Ramalingam ...
Petitioner
Vs.
1.The District Collector,
Ariyalur District,
Ariyalur.
2.The Revenue Divisional Officer,
Ariyalur District,
Ariyalur.
3.The Tahsildar,
Ariyalur Taluk,
Ariyalur District. ...
Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of a writ of Mandamus to direct the respondent
authorities to grant patta to the petitioner in respect of petitioner's land
measuring an extent of acre 1.42 cents, comprised in S.F.No.272/3,
Konerirayampuram Village, Walajanagaram Group, Ariyalur Taluk,
Ariyalur District previously Perambalur District, on the basis of the
https://www.mhc.tn.gov.in/judis
1/8
W.P.No.20921 of 2021
Decree and Judgment dated 31.03.2003 passed in O.S.No.246 of 2000 on
the file of the Additional District Munisiff Court, Ariyalur and effect
consequent mutation of title in revenue records within a time to be
stipulated by this Court.
For Petitioner : Mr.S.Arun Prakash
for Mr.A.V.Raja
For Respondents : Mr.V.Veluchamy
Government Advocate
ORDER
This writ petition has been filed for a mandamus to direct the
respondent Authorities to grant patta to the petitioner in respect of
petitioner's land measuring an extent of acre 1.42 cents comprised in
S.F.No.272/3, Konerirayampuram Village, Walajanagaram Group,
Ariyalur Taluk, Ariyalur District previously Perambalur District, on the
basis of the Decree and Judgment dated 31.03.2003 passed in
O.S.No.246 of 2000 passed by the Additional District Munsif Court,
Ariyalur and effect consequent mutation of title in revenue records within
a time frame.
2.The case of the petitioner is that the petitioner is the absolute
owner of a land measuring an extent of acre 1.42 cents comprised in
https://www.mhc.tn.gov.in/judis
W.P.No.20921 of 2021
S.F.No.272/3 Konerirayampuram Village, Walajanagaram Group,
Ariyalur Taluk, Ariyalur District originally larger extent of property was
owned by one Muthusamy Padayachi, after his demise, he purchased the
said property from his grandson viz., Mr.Poyyamozhi on 12.07.1983 and
he has been in possession and enjoyment for about 40 years and prior to
his purchase, his predecessors in title was in possession and enjoyment of
the said property for more than 60 years and therefore, the title in respect
of the subject property is confirmed by way of adverse possession also.
3.The petitioner submits that the said Konerirayampuram Village is
an ex-Zamin Village which was taken over by the Government under the
Estate Abolition Act, even though, the subject property is a cultivable
land but the respondent /Authorities have wrongly classified the subject
land as mayanam land, the subject land was never used as mayanam land
at any point of time and the survey number of the subject property is part
and parcel of S.No.272/1.
4.The petitioner further submits that during the year 1987, at the
instigation of the Village President, the third respondent herein attempted
to issue “B” memo in order to disturb his peaceful possession and
https://www.mhc.tn.gov.in/judis
W.P.No.20921 of 2021
enjoyment of his subject property and hence, he filed a civil suit in
O.S.No.185 of 1987 against the respondents 1 and 3 and the Panchayat
President before the District Munsif Court, Ariyalur, seeking declaration
of his title in respect of the said property and for permanent injunction,
the District Munsif Court passed a Decree and Judgment dated
30.10.1989 declared that his title is absolute in respect of the subject
property and also granted permanent injunction.
5.The petitioner submits that in view of the order passed by the
District Munsif Court, Ariyalur, the respondent/Authorities are duty
bound to change the classification of the subject land from poromboke to
ryotwari and grant separate patta in his favour in respect of the subject
land and in all the Revenue Records like "A" Register, field map, sketch
and hence, he approached the respondent /Authorities including the third
respondent for change of classification and grant of patta in respect of the
subject property in his favour.
6.The petitioner further submits that there is no response from the
respondent/Authorities and the respondent/Authorities have neither
changed the classification nor issued patta in his favour, such action on
https://www.mhc.tn.gov.in/judis
W.P.No.20921 of 2021
the part of the respondent Authorities is against the Decree and Judgment
passed by the Lower Court.
7.According to the petitioner, he was constrained to issue notice to
the respondent /Authorities under Section 80 of the Civil Procedure Code
dated 1.8.200 and though the respondent /Authorities have received the
notice, they have willfully failed to comply with the demand made in the
notice and hence, he filed a civil suit for mandatory injunction in
O.S.No.246 of 2000 before the Additional District Munsif Court,
Ariyalur.
8.The petitioner submits that instead of complying with the decree
and judgment granted by the Lower Court, the respondents 1 and 2
herein filed an Appeal in A.S.No.112 of 2008 before the Additional
Munsif Court, Ariyalur, however, the said appeal was dismissed by the
Additional District Judge, Ariyalur by virtue of decree and judgment
dated 20.12.2010, confirming the decree and judgment passed by the
Lower Court.
9.According to the petitioner, his title in respect of the subject
https://www.mhc.tn.gov.in/judis
W.P.No.20921 of 2021
property has been concurrently confirmed by Decree and Judgment of the
Lower Court in O.S.No.246 of 2000 and A.S.No.112 of 2008.
10.The petitioner has no other alternative remedy except to
approach this Court under Article 226 of the Constitution of India.
Hence, the writ petition filed.
11.Heard, learned counsel for the petitioner and the learned
Government Advocate for the respondents and perused the materials
available on record.
12.In view of the above facts and circumstances of the case and
considering the submission made by the petitioner, this Court is of the
view that the respondent/Authorities to pass orders based on the decree
and judgment of the Courts below within a period of 16 weeks from the
date of receipt of a copy of this order.
13.With the aforesaid direction, this Writ Petition is disposed of.
No costs.
https://www.mhc.tn.gov.in/judis
W.P.No.20921 of 2021
Index : yes/no 29.09.2021
Internet : yes/no
Speaking Order:yes/no
pam/skr
To
1. The District Collector,
Ariyalur District,
Ariyalur.
2. The Revenue Divisional Officer,
Ariyalur District,
Ariyalur.
3.The Tahsildar,
Ariyalur Taluk,
Ariyalur District.
https://www.mhc.tn.gov.in/judis
W.P.No.20921 of 2021
V.BHAVANI SUBBAROYAN, J.
skr
W.P.No.20921 of 2021
29.09.2021
https://www.mhc.tn.gov.in/judis
