N.Kanishkar Nagalingam vs The District Collector
2022 Latest Caselaw 18136 Mad

                                                                            W.P.(MD) No.19412 of 2013

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 12.12.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                              W.P.(MD) No.19412 of 2013
                                                        and
                                             M.P.(MD) Nos.2 and 3 of 2013

                 1.N.Kanishkar Nagalingam

                 2.N.Harshar Nagalingam                                        ... Petitioners

                                                         /vs./

                 1.The District Collector,
                   Virudhunagar District,
                   Virudhunagar.

                 2.The Revenue Divisional Officer,
                   Aruppukkottai,
                   Virudhunagar District.

                 3.The Tahsildar,
                   Virudhunagar Taluk,
                   Virudhunagar.

                 4.R.Padmanabhan

                 5.R.Rajeswari

                 6.M.Narmatha Devi                                             ... Respondents


                 1/4

https://www.mhc.tn.gov.in/judis
                                                                              W.P.(MD) No.19412 of 2013



                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorarified Mandamus, calling for the records relating to
                 the Order passed by the 2nd Respondent herein in his proceedings in Pa.Mu.Aa.
                 1//5974/2012 dated 30.04.2013 and quash the same and further direct the 2 nd and
                 3rd Respondents herein to restore the patta of the land to an extent of 0.08.55
                 (24.786 cents) in S.No.16/2B, Pelampatti Village, Virudhunagar Taluk,
                 Virudhunagar district in the name of the petitioners within the time stipulated by
                 this Court.

                                  For Petitioners   : Mr.V.Meenakshi Sundaram for
                                                          Mr.D.Nallathambi

                                  For R1 to R3      : Mrs.D.Farjana Ghoushia
                                                          Special Government Pleader

                                  For R4            : No appearance

                                                       ORDER

The instant writ petition has been filed challenging the impugned order

passed by the second respondent made in Pa.Mu.Aa.1/5974/2012 dated

30.04.2013.

2.Heard Mr.V.Meenakshi Sundaram, learned counsel for Mr.D.Nallathambi,

learned counsel for the petitioners and Mrs.D.Farjana Ghoushia, learned Special

https://www.mhc.tn.gov.in/judis W.P.(MD) No.19412 of 2013

Government Pleader for the respondents 1 to 3. Even though the fourth

respondent is served, he has not appeared either in person or through a counsel.

The notice sent to the respondents 5 and 6 has been returned with an endorsement

un-served for want of sufficient address. Their appearance in this present writ

petition is dispensed with, as the prayer in this writ petition is already covered in

an earlier writ petition passed in W.P.(MD) No.13892 of 2013, wherein this Court

had set aside the order impugned and had remitted the matter back to the first

respondent therein.

3.The claim of the petitioners is that the fourth respondent herein is the

vendor of the property and that the patta has been wrongly given to him. In W.P.

(MD) No.13892 of 2013, this Court had set aside the very same impugned order

and had remitted the matter back to the file of the second respondent herein, who

shall after hearing the parties concerned, namely the petitioner and the

respondents 3 to 5 therein pass appropriate orders on merits and in accordance

with law. The first respondent therein was also directed to consider the judgment

and decree made in O.S.No.245 of 1989 and O.S.No.58 of 1998 and the

consequential proceedings therein as expeditiously as possible.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.19412 of 2013

K.KUMARESH BABU, J.

mm

4.The Writ Petition is disposed of in the same terms. However, there shall

be no order as to costs. Consequently, connected Miscellaneous Petitions are

closed.

                 Speaking              : Yes / No                                 12.12.2022
                 Non Speaking          : Yes / No
                 mm

                 To

                 1.The District Collector,
                   Virudhunagar District,
                   Virudhunagar.

                 2.The Revenue Divisional Officer,
                   Aruppukkottai,
                   Virudhunagar District.

                 3.The Tahsildar,
                   Virudhunagar Taluk,
                   Virudhunagar.



                                                                        W.P.(MD) No.19412 of 2013




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