K.Gowthaman vs The District Collector
2022 Latest Caselaw 6988 Mad

                                                                                   W.P.(MD)No.456 of 2011


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 04.04.2022

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                 W.P.(MD)No.456 of 2011
                                                          and
                                                M.P.(MD)Nos.1 and 2 of 2011

                     K.Gowthaman                                                  ... Petitioner
                                                             versus

                     1. The District Collector,
                        Thanjavur District.

                     2. The Revenue Divisional Officer,
                        Thanjavur.

                     3. The Zonal Deputy Thasildar – 3
                        cum Additional Headquarters
                        Deputy Thasildar,
                        Thanjavur.

                     4. R.Natarajan                                               ... Respondents

                                  Writ Petition filed under Article 226 of the Constitution of India,
                     seeking for the issuance of Writ of Certiorarified Mandamus, to call for
                     the records of the impugned proceedings of the 3rd respondent in


                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                W.P.(MD)No.456 of 2011


                     Na.Ka.15918/2009/A8 dated 16.11.2010 and quash the same insofar as
                     the petitioner's S.No.168/98 & S.No.168/99 in 112 Najikottai Village,
                     Thanjavur Taluk is concerned, as illegal, arbitrary and without
                     jurisdiction and consequently, direct the third respondent to restore the
                     name of the petitioner in the said patta and further direct the 3 rd
                     respondent to effect mutation of patta only in accordance with the final
                     Judgment in the civil suit in O.S.No.114 of 2010 on the file of the
                     Principal Sub Court, Thanjavur.


                                       For Petitioner    : Mr.H.Lakshmi Shankar
                                                           for Mr.T.V.Sivakumar

                                       For R1 to R3      : Mr.D.Gandhiraj,
                                                           Special Government Pleader

                                       For R4            : Mr.M.Saravanan


                                                          ORDER

This writ petition is filed against the proceedings of the third

respondent dated 16.11.2010, cancelling the patta stands in the name of

the petitioner, in respect of the property in S.No.168/98 & S.No.168/99

in 112 Najikottai Village, Thanjavur Taluk.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.456 of 2011

2. The learned counsel for the petitioner submits that in respect

of the said property, the fourth respondent herein has already filed a

suit in O.S.No.114 of 2010 before the Principal Sub Court, Thanjavur,

for declaration and permanent injunction and pending the suit, the third

respondent has passed the order impugned in this writ petition and as a

subsequent development, the suit in O.S.No.114 of 2010 filed by the

fourth respondent herein was dismissed by the learned Additional

Subordinate Judge, Thanjavur, by Judgment and Decree dated

22.03.2017.

3. The said submission of the learned counsel for the petitioner is

also affirmed by the learned counsel for the fourth respondent. He also

submits that no further appeal has been filed against the Judgment and

Decree dated 22.03.2017 passed by the learned Additional Subordinate

Judge, Thanjavur. Therefore, the Judgment and Decree dated

22.03.2017 passed by the learned Additional Subordinate Judge,

https://www.mhc.tn.gov.in/judis W.P.(MD)No.456 of 2011

Thanajavur, has become final.

4. In view of the same, the writ petition is allowed and the

impugned proceedings of the 3rd respondent in Na.Ka.15918/2009/A8

dated 16.11.2010 is hereby set aside. No costs. Consequently,

connected miscellaneous petitions are closed.

04.04.2022 ogy

Index : Yes / No. Internet: Yes / No.

To

1. The District Collector, Thanjavur District.

2. The Revenue Divisional Officer, Thanjavur.

3. The Zonal Deputy Thasildar – 3 cum Additional Headquarters Deputy Thasildar, Thanjavur.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.456 of 2011

B.PUGALENDHI, J.

ogy

W.P.(MD)No.456 of 2011

04.04.2022

https://www.mhc.tn.gov.in/judis