Madras High Court
E.K.Achutha Reddiar vs The Director Of Survey And ... on 4 August, 2022
W.P.No.8315 of 1993
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.8315 of 1993
1.E.K.Achutha Reddiar
2.E.K.Chinnarai Reddiar ...Petitioners
Vs.
1.The Director of Survey and Settlement,
“Ezhilagam”, Chepauk,
Madras-5.
2.The Assistant Settlement Officer,
Tiruvannamalai, Sambuvaroya District.
3.S.K.Krishnan ...Respondents
Petition filed under Article 226 of the Constitution of India to issue a
Writ of Certiorarified Mandamus to call for the records of the 2nd respondent
in NK.AA.No.4/3840/92 dated 16.03.1993 and quash the same insofar as the
petitioners are concerned and consequently restrain the respondents 1 and 2
from taking any proceedings under the Tamil Nadu Leasehold Inams
(Abdolition and Conversion into Ryotwari) Act 27 of 1963.
1/6
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W.P.No.8315 of 1993
For Petitioner : Mr.A.L.Somayaji Senior Counsel
for Mr.M.R.Radhakrishnan
For Respondents : Mr.G.Krishna Raja (for R1 and R2)
Additional Government Pleader
: M/s.Sundari Rajan (for R3)
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of
Certiorarified Mandamus to call for the records of the 2nd respondent in
NK.AA.No.4/3840/92 dated 16.03.1993 and quash the same insofar as the
petitioners are concerned and consequently restrain the respondents 1 and 2
from taking any proceedings under the Tamil Nadu Leasehold Inams
(Abdolition and Conversion into Ryotwari) Act 27 of 1963.
2. The learned Senior Counsel appearing for the petitioners submitted
that the impugned order is passed by the Commissioner of Survey and
Settlement, as against the order dated 02.03.1993 passed earlier and he
rectified the error committed by the Assistant Settlement Officer with regard
to the grant of Ryotwari Patta in respect of different survey numbers owned
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W.P.No.8315 of 1993
by the petitioners. It is further submitted that earlier, there was a suit in
O.S.No.8119 of 1979, for permanent injunction restraining the defendant
therein / one Ambal Traders from interfering with the petitioners property.
The petitioners and others filed a suit in O.S.No.8909 of 1979, for declaration
that Elliah Reddiar who is the father of the petitioners, is the owner of the
land of an extent of 1.87 acres in Survey Nos.76 (T.S.No.87) in block No.1
at Ekkatuthangal Village and the suit was dismissed against the petitioner,
pursuant to which the petitioners preferred an appeal in A.S.No.158 of 1988
and the appeal was allowed in favour of the petitioners father against which
the aggrieved party has filed second appeal in S.A.No.1147 of 1990 before
this Court and this Court by its judgment dated 24.12.1999 set aside the order
passed by the first appellate Court and remitted the matter to the trial Court
and again the suit was decreed in favour of the petitioners father and appeal
was also dismissed and second appeal also ended in favour of the petitioners.
In view of the said orders, the present impugned order in the writ petition got
merged with the decree passed by the trial Court. Hence nothing survives and
no further adjudication is required. Accordingly he prays for appropriate
orders.
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W.P.No.8315 of 1993
3. The facts in the present case are not in dispute. Admittedly, against
the judgment and decree of the trial Court, which was confirmed by the first
appellate court S.A.Nos.47 of 2013 and 294 of 2016 was filed before this
court and by judgment dated 18.04.2022, the second appeals were dismissed.
In view of the above, this Court directs the Revenue officials to restore the
patta in terms of the judgment in Second Appeal Nos.47 of 2013 and 294 of
2016 and carry out necessary corrections in terms judgment of this Court in
Second Appeal Nos.47 of 2013 and 294 of 2016, dated 18.04.2022, in the
revenue records and other documents maintained by the respondents.
4. This writ petition is disposed of with the aforesaid direction. No
costs.
04.08.2022
Speaking Order : Yes/ No
Index : Yes/ No
psa
https://www.mhc.tn.gov.in/judis
W.P.No.8315 of 1993
To
1.The Director of Survey and Settlement,
“Ezhilagam”, Chepauk,
Madras-5.
2.The Assistant Settlement Officer,
Tiruvannamalai, Sambuvaroya District.
https://www.mhc.tn.gov.in/judis
W.P.No.8315 of 1993
M.DHANDAPANI,J.
psa
W.P.No.8315 of 1993
04.08.2022
https://www.mhc.tn.gov.in/judis
