Madras High Court
R.Lakshmi vs The District Collector on 6 January, 2022
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.25368 and 29211 of 2019
and W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
and
W.M.P.Nos.24914, 29998 and 32762 of 2019
and
W.M.P.No.23825 and 23826 of 2020
W.P.No.25368 of 2019:
R.Lakshmi ... Petitioner
Vs.
1.The District Collector,
Tiruppur District.
2.The District Revenue Officer,
Tiruppur,
District Collector Office,
Tiruppur.
3.The Commissioner of Police,
Sirupooluvapatti, Tiruppur District – 641 687.
(R3 cause title amended as per order dated
15.11.2019 made in W.M.P.No.27498 of 2019)
https://www.mhc.tn.gov.in/judis
1/26
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
4.The Sub-Collector/Revenue Divisional Officer,
Tiruppur,
Tiruppur District.
5.The Tahasildar,
Tiruppur North,
Tiruppur District.
6.The Inspector of Police,
Tiruppur North Police Station,
Tiruppur District.
7.The District Surveyor,
Tiruppur,
Tiruppur District.
8.The Village Administrative Officer,
Thottipalayam Village,
Tiruppur North Taluk,
Tiruppur District.
9.G.Latha
10.S.N.S.Sukumaran ... Respondents
(R10 impleaded vide order dated 04.08.2021
made in W.M.P.No.3299 of 2021)
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records relating to
the impugned order dated 31.07.2019 made in Na.Ka.No.4852/2018/A2 passed
by the 4th respondent and quash the same and consequently direct the
respondents 1, 2, 4 and 5 to include the petitioner's name in the revenue
records including Computer Chitta, Town Survey Register and other revenue
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
records in respect of the property comprised in Old Survey Nos.755 and 756
and New Town Survey Nos. 46 to 128 situate at Block No.56, Thottipalayam
Village, Tiruppur North Taluk, Tiruppur District.
For Petitioner : Mr.T.Mohan
for Mr.D.Gopal
For R1 to R8 : Mr.A.M.Ayyadurai
Government Advocate
For R9 : Mr.AR.L.Sundaresan
(Senior Counsel)
for Mr.C.Prabakaran
For R10 : Mr.K.Myilsamy
W.P.No.29211 of 2019:
R.Lakshmi ... Petitioner
Vs.
1.The District Collector,
Tiruppur District.
2.The District Revenue Officer,
Tiruppur,
District Collector Office,
Tiruppur.
3.The Sub-Collector/Revenue Divisional Officer,
Tiruppur,
Tiruppur District.
4.Mr.Jeyakumar
The Tahsildar,
Tiruppur North,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
5.Mr.Kannamani
The Deputy Tahsildar,
Tiruppur North,
Tiruppur District.
6.Mr.B.Murali,
The Tahsildar,
Now Presently working as,
Divisional Excise Officer,
Divisional Excise Office,
Near Tiruppur North Police Station,
Tiruppur District.
7.G.Latha
8.S.N.S.Sukumaran ... Respondents
(R8 impleaded vide order dated 04.08.2021
made in W.M.P.No.3294 of 2021)
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 3 to take
appropriate departmental action against the Respondents 4 to 6 for misusing
their official power and consequently remove the name of 7th respondent in the
revenue records including Computer Chitta, Town Survey Register and other
revenue records in respect of the property comprised in Old Survey Nos.755
and 756 and New Town Survey Nos. 46 to 128, Ward K, situate at Block
No.56, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District by
considering the petitioner's representation dated 13.09.2019.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
For Petitioner : Mr.T.Mohan
for Mr.D.Gopal
For R1 to R3 : Mr.A.M.Ayyadurai
Government Advocate
For R7 : Mr.AR.L.Sundaresan
(Senior Counsel)
for Mr.C.Prabakaran
For R8 : Mr.K.Myilsamy
W.P.No.19234 of 2020:
G.Latha ... Petitioner
Vs.
1.The Inspector General of Registration,
Santhome, Chennai – 600028.
2.The District Registrar,
Tiruppur District,
Tiruppur.
3.The District Registrar,
Coimbatore District,
Coimbatore.
4.The Joint – I Sub Registrar,
Tiruppur.
5.The Sub Registrar,
Dharapuram,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
6.The Sub Registrar,
Peelamedu,
Coimbatore District.
7.N.S.Sukumaran
8.S.Vivek
9.The Branch Manager,
H.D.F.C. Bank Limited
No.7, Sai Ram Tower,
N.S.R. Road,
Sai Baba Colony,
Coimbatore – 641 011.
10.S.Sujithra
11.Sivakami
12.Maathan
13.Mani
14.Pavanesan
15.Dhanapal
16.R.Lakshmi
17.A.Balasubramaniam
18.Vijayaragavan ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records relating to
the impugned documents
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
Sl.No. Date Description Executant Claimants
Settlement Deed – SRO
01 15.06.2020 Sivagami Sugithra
Peelamedu
Madhan, Mani,
Sale Agreement – SRO
02 15.06.2020 Sugithra Pavan Nesan,
Peelamedu
Dhanapal
Supplemental Deed of HDFC Bank
Vivek,
03 05.08.2020 Simple Mortgage – Limited, Coimbatore
Sugumaran
SRO Joint I, Tirupur Branch.
General Power of
Lakshmi,
04 07.10.2020 Attorney – SRO A.Balasubramaniam
Vijayaragavan
Dharapuram.
and to quash the same and consequently direct the respondents 4 to 6 to
remove the encumbrance from their file in respect of the land situate in Survey
No. Old Survey No.601 and New Survey No.755, Old Survey No.602 and New
Survey No.756 situate at New Ward No.56, K-Block, Town Survey No.46 to
128, Royapuram Extension, Tiruppur North Taluk measuring to an extent of
7.90 ½ acre.
For Petitioner : Mr.AR.L.Sundaresan
(Senior Counsel)
for Mr.C.Prabakaran
For R1 to R6 : Mr.Yogesh Kannadasan
For R7 and R8 : Mr.K.Myilsamy
Crl.R.C.No.138 of 2020:
D.Raja ... Petitioner
Vs.
1.The Executive Magistrate cum
Revenue Divisional Officer,
Tiruppur
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
2.The Tahsildar,
Tiruppur North Taluk,
Tiruppur.
3.The Inspector of Police,
Tiruppur North Police Station,
Tiruppur.
4.Venkatachalapathy
5.Thangamuthu
6.Kannan
7.R.Surender
8.R.Senthilkumar
9.Rokkaraj
10.Lakshmi
11.S.N.S.Sugumaran
12.Rajendran
13.Veera Sivakumar
14.Jayaprakash
15.Jothi Jayaprakash
16.V.Chandralekha
17.R.Vijayalakshmi
18.S.Veerasamy
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
19.Rajeswari
20.C.Vijayanandh
21.G.Jayalakshmi
22.M.Karthika ... Respondents
PRAYER: Criminal Revision Petition is filed under Section 397 r/w 401 of
Cr.P.C., to set aside order dated 31.07.2019 made in Na.Ka.No.4852/2018/A2
on the file of the 1st respondent and to allow the above Criminal Revision
Petition.
For Petitioner : Mr.AR.L.Sundaresan
(Senior Counsel)
for Mr.C.Prabakaran
For R1 to R3 : Mr.A.M.Ayyadurai
Government Advocate
For R10 : Mr.T.Mohan
for Mr.D.Gopal
For R11 : Mr.K.Myilsamy
For R19 : No Appearance
For R22 : No Appearance
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
COMMONORDER
W.P.No.25368 of 2019 has been filed to issue a Writ of Certiorarified
Mandamus, calling for the records relating to the impugned order dated
31.07.2019 made in Na.Ka.No.4852/2018/A2 passed by the 4th respondent and
quash the same and consequently direct the respondents 1, 2, 4 and 5 to
include the petitioner's name in the revenue records including Computer
Chitta, Town Survey Register and other revenue records in respect of the
property comprised in Old Survey Nos.755 and 756 and New Town Survey
Nos. 46 to 128 situate at Block No.56, Thottipalayam Village, Tiruppur North
Taluk, Tiruppur District.
2. W.P.No.29211 of 2019 has been filed to issue a Writ of Mandamus,
directing the respondents 1 to 3 to take appropriate departmental action against
the respondents 4 to 6 for misusing their official power and consequently
remove the name of the 7th respondent in the revenue records including
Computer Chitta, Town Survey Register and other revenue records in respect
of the property comprised in Old Survey Nos.755 and 756 and New Town
Survey Nos. 46 to 128, Ward K, situate at Block No.56, Thottipalayam Village,
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
Tiruppur North Taluk, Tiruppur District by considering the petitioner's
representation dated 13.09.2019.
3. W.P.No.19234 of 2020 has been filed to issue a Writ of Certiorarified
Mandamus, to call for the records relating to the impugned documents
Sl.No. Date Description Executant Claimants
Settlement Deed – SRO
01 15.06.2020 Sivagami Sugithra
Peelamedu
Madhan, Mani,
Sale Agreement – SRO
02 15.06.2020 Sugithra Pavan Nesan,
Peelamedu
Dhanapal
Supplemental Deed of HDFC Bank
Vivek,
03 05.08.2020 Simple Mortgage – Limited, Coimbatore
Sugumaran
SRO Joint I, Tirupur Branch.
General Power of
Lakshmi,
04 07.10.2020 Attorney – SRO A.Balasubramaniam
Vijayaragavan
Dharapuram.
and to quash the same and consequently direct the respondents 4 to 6 to
remove the encumbrance from their file in respect of the land situate in Survey
No. Old Survey No.601 and New Survey No.755, Old Survey No.602 and New
Survey No.756 situate at New Ward No.56, K-Block, Town Survey No.46 to
128, Royapuram Extension, Tiruppur North Taluk measuring to an extent of
7.90 ½ acre.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
4. Crl.R.C.No.138 of 2020 has been filed to set aside order dated
31.07.2019 made in Na.Ka.No.4852/2018/A2 on the file of the 1st respondent
and to allow the above Criminal Revision Petition.
W.P.No.25368 of 2019
5. The case of the petitioner is that the properties comprised in
T.S.No.648/17/1 ad-measuring 3.21 ½ acres, T.S.No.651/17/1 ad-measuring
1.45 ½ acres, T.S.No.648/17/1 ad-measuring 1.47 acres and T.S.No.651/17/1
ad-measuring 67 cents in total to an extent of 6.81 acres situated at
Thottipalayam Village, Tiruppur North Taluk, Tiruppur District, belong to the
petitioner's husband's paternal grandfather viz., N.Palani Boyan. He executed a
registered Maintenance Deed dated 24.12.1912 in favour of his wife viz.,
Kuppammal. In turn, she executed a registered will bequeathing the aforesaid
properties dated 02.11.1915 in favour of the petitioner's husband's father viz.,
Ramasamy. The petitioner's husband's father was given right only to enjoy the
subject properties till his life time and thereafter, the properties shall devolve
upon his male legal heirs with powers of alienation. The petitioner's husband's
father died on 26.05.1980. Thereafter, the subject properties had devolved
upon her husband and his brother Rokkaraj. They filed suits in O.S.No.226 of
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W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
2009 and O.S.No.167 of 2012 on the file of the Sub Court, Tiruppur for
partition. They were ultimately compromised between the parties on
04.11.2009 and 06.08.2012. Subsequently, the petitioner's husband had
executed Settlement Deed in favour of the petitioner dated 09.06.2014
registered vide Document No.6806/2014. After demise of her husband, the
petitioner had become absolute owner of the properties. In pursuant to the
same, they applied for patta and the said request was not considered and as
such, they were constrained to file writ petitions before this Court in
W.P.Nos.8754 and 8755 of 2015. This Court by an order dated 26.03.2015
directed the 5th respondent herein to consider their representation dated
27.01.2015 and pass orders on merits and in accordance with law, after
considering the document produced by them.
6. Pursuant to the orders passed by this Court, the 5th respondent herein
passed an order on 23.04.2015 in Na.Ka.No.796/2015/A2 thereby, set aside
the order passed by the Deputy Tahsildar granting patta in favour of the 9th
respondent herein for the reason that she is an encroacher of the property and
by using forged documents, she obtained patta in her name in the proceedings
dated 11.02.2015 under Patta No.10701. However, the 5th respondent failed to
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
issue patta in favour of the petitioner and her husband's brother Rokkaraj, even
in accordance with the compromise decree passed in O.S.No.226 of 2009 and
O.S.No.167 of 2012, dated 04.11.2009 and 06.08.2012 respectively. Therefore,
they challenged the said order before the 4th respondent by way of appeal. In
fact, the said appeal was not considered by the 4th respondent and as such, they
approached this Court in W.P.No.12149 of 2017 and this Court by an order
dated 02.06.2017 directed the 4th respondent to dispose the appeal, after giving
opportunity of hearing to all the interested parties, within a period of eight
weeks from the date of receipt of a copy of the order.
7. Pursuant to the aforesaid order, the 4th respondent by an order dated
27.11.2017 in Na.Ka.No.2431/2015/A2 allowed the appeal filed by them and
directed the 5th respondent herein to include the petitioner and her husband's
brother names in Patta No.10701. Accordingly, the 5th respondent included
their names in the said patta and also mutated other revenue records in respect
of the properties comprised in Old.S.Nos.755 and 756 and New Town
S.Nos.46 to 128 situated at Block No.56, Thottipalayam Village, Tiruppur
North Taluk, Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
8. Challenging the order dated 27.11.2017 passed by the 4th respondent
herein, the 9th respondent filed writ petition before this Court in W.P.No.10388
of 2018. This Court by an order dated 27.11.2018 set aside the order passed by
the 4th respondent dated 27.11.2017 and remanded back to the 4 th respondent
herein for fresh disposal. In pursuant to the direction issued by this Court, the
4th respondent conducted fresh enquiry. However, the petitioner was not issued
any notice and no opportunity of hearing given to the petitioner and passed the
impugned order dated 31.07.2019.
9. On perusal of the counter affidavit dated 09.11.2019 filed by the 9 th
respondent, revealed that she is in possession and enjoyment of the subject
properties, after issuance of patta in favour of her on 20.06.2014 under Patta
No.10701. When the petitioner and her brother-in-law were trying to interfere
with the possession of the subject properties, the 9th respondent filed suits in
O.S.No.373 of 2014 and O.S.No.501 of 2015 on the file of the Sub Court,
Tiruppur for permanent injunction and both the suits are pending. While being
so, the 10th respondent herein lodged complaint against the 9th respondent and
others alleging that the 9th respondent created documents for the purpose of
getting rights over the subject properties. In pursuant to the said complaint, the
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W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
FIR has been registered in Crime No.9 of 2016 on the file of the City Crime
Branch, Tiruppur and the same has been taken cognizance in C.C.No.301 of
2017 on the file of the Judicial Magistrate No.I, Tiruppur.
10. Thereafter, the entire proceedings in C.C.No.301 of 2017 has been
challenged by the 9th respondent in Crl.O.P.No.12568 of 2017 before this
Court and it is pending. After the order passed by this Court in W.P.No.10388
of 2018, thereby remanded for fresh enquiry to the file of the 4th respondent
herein, the petitioner and others tried to disposes the 9th respondent from the
subject lands and as such, she lodged complaint before the Inspector of Police,
Tiruppur North Police Station. Due to land dispute, it was referred to initiate
proceedings under Section 145 of the Criminal Procedure Code before the 4th
respondent. The 4th respondent also conducted enquiry in respect of deletion of
the 9th respondent's name in Patta No.10701.
11. In fact, aggrieved by the very same impugned order passed under
Section 145 of Criminal Procedure Code, the 9th respondent challenged by way
of criminal revision in Crl.R.C.No.138 of 2020 before this Court. According to
the 9th respondent, the properties comprised in total extent of 6.81 acres along
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W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
with other properties belongs to one N.Palani Boyan, but it is not correct to
state that said N.Palani Boyan is the grate grandfather of the petitioner's
husband. The fact remains that the correct name of the said Palani Boyan, is
N.Palani Boyan, son of Naidu Boyan, but not the Palani Boyan son of
Nayunda Boayan, from whom the petitioner is deriving title. Therefore, the 9th
respondent disputed title over the properties in favour of the petitioner herein.
12. On perusal of the counter affidavit dated 28.11.2021 filed by the 10th
respondent, revealed that the lands ad-measuring to an extent of 11.58 acres
comprised in Old.S.No.601 : New S.No.755 and O.S.No.602 : New S.No.756
situated at No.291, Thottipalayam Village, Royapuram Extension, Tiruppur
District, was originally belongs to one Palani Boyan and others. His father had
purchased the said properties by the Sale Deed dated 23.04.1948 registered
vide Document No.678 of 1948. He filed suit in O.S.No.456 of 1950 on the
file of the District Munsif Court at Tiruppur for partition and permanent
injunction as against the persons, who claimed share over the properties and
he has also filed suit in O.S.No.132 of 1947 on the file of the District Munsif
Court at Tiruppur for partition and permanent injunction. Both the suits
clubbed together and commonly tried and preliminary decree passed in favour
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W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
of his father by the judgement and decree dated 14.09.1957 and his father was
allotted 4/5 share over the suit properties. The other defendants have filed the
appeal suit in A.S.No.98 of 1959 before this Court and there was compromised
between them.
13. Accordingly, they also executed release deed vide Document
No.3737/1959 in favour of the 10th respondent's father viz., Shanmugam
Chettiyar in respect of the property to an extent of 4.82 acres. Accordingly, the
10th respondent's father filed final decree application in I.A.No.303 of 1958
and the property to an extent of 11.58 acres was allotted to the share in
E.P.No.345 of 1959, he had taken possession of the property. One of the
defendants viz., T.P.Krishnaswami Boyan's claim was dismissed. However, he
had alienated the subject property and as such, the purchasers have filed suit in
O.S.No.99 of 1963 on the file of the Sub Court, Coimbatore as against the 10th
respondent's father for declaration and permanent injunction. The said suit was
decreed and after demise of the 10th respondent's father, the 10th respondent
and other legal heirs filed appeal suit in A.S.No.304 of 1969 before this Court
and the appeal suit was partly allowed by the judgment and decree dated
25.02.1975.
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W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
14. Aggrieved by the same, the 10th respondent and other legal heirs
filed Letters of Patent of Appeal in L.P.A.No.96 of 1975 before this Court and
this Court allowed the said appeal in entirety by the judgement and decree
dated 13.10.1976. As against, the purchasers have filed petition in
S.C.P.No.143 of 1978 before this Court and the the same was dismissed by this
Court by an order dated 22.07.1979. As against the same, they filed
S.L.P.(Civil) Nos.4402 and 4403 of 1980 before the Hon'ble Supreme Court of
India and the same was also dismissed by an order dated 21.04.1980.
Thereafter, they partitioned the said property and Patta No.10701 is jointly
issued in their names. Therefore, the said N.Palani Boyan has no title over the
subject property and if any documents executed by the said N.Palani Boyan is
nothing but invalid and void ab-initio. Ultimately, the 10th respondent also
disputed the title over the subject property and claiming title over the property
in the aforesaid manner. In fact, the 10th respondent also lodged complaint
before the Inspector of Police, CCB at Tiruppur as against the 9th respondent
and others and the same has been registered in Crime No.9 of 2016 for the
offences under Sections 465, 467, 468, 471 and 120 (B) IPC. After laying
charge sheet, it is pending for trial.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
15. On perusal of the counter filed by the 5th respondent, revealed that as
per the order passed by this Court, the 4th respondent issued notice to the
parties concerned for enquiry. The petitioner's counsel appeared and requested
time for submission of documents. Therefore, the petitioner had knowledge
about the enquiry conducted by the 4th respondent as directed by this Court.
During the enquiry, the 9th respondent was not appeared and but her power of
attorney was appeared and submitted various documents in order to prove her
title over the property in question. There are several persons claiming right in
respect of the subject property through various orders and judgements and
there is no valid and relevant documents to show that the claimants are right
over the property. The subject property is not in use for a long period and a
decision could not be taken in respect of the right of the property in question
and there is no specific declaration about who are the owners of the property.
Therefore, all the parties concerned are directed to get relief by approaching
the Civil Court.
16. In fact, the 10th respondent filed an appeal as against the impugned
order in this writ petition before the 2nd respondent and it is pending. However,
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W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
the petitioner has taken specific stand that the petitioner was never served any
notice by the 3rd respondent and she never engaged any counsel to represent on
behalf of the petitioner.
17. On perusal of the order impugned in W.P.No.25368 of 2019 dated
31.07.2019 also revealed that her counsel appeared and sought for time.
Admittedly, no written submission filed and no documents were produced
before the 3rd respondent, during enquiry. Though copy of the impugned order
marked to the petitioner and no order has been served to the petitioner. In the
same impugned order stated that the petitioner's brother-in-law represented on
behalf of the petitioner. Therefore, the petitioner was not served any notice and
she was not given opportunity of hearing by the 3 rd respondent, it amounts to
clear violation of principles of natural justice.
18. That apart, as stated supra, the petitioner, 9th and 10th respondents are
claiming title over the same property by way of separate claim. However, so
far, the properties are not declared in any of their favour. Therefore, all the
parties, who claim the subject property have to approach the concerned Civil
Court for appropriate relief in respect of the title over the property. Though the
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W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
4th respondent directed the parties to approach the Civil Court, deleted the
name of the petitioner in the joint patta.
19. In view of the above, this Court directed the Tahsildar, Tiruppur
North, Tiruppur District/5th respondent herein to restore Patta No.10701 issued
in favour of the 9th respondent herein and include the name of the petitioner in
the joint patta, within a period of two weeks from the date of receipt of a copy
of this order. As directed by the 4th respondent, all the parties are directed to
approach the concerned Civil Court for appropriate relief for their respective
title over the property. The 5th respondent is also directed to issue patta to the
petitioner subject to the result of the judgment and decree in the suits filed by
the respective parties.
20. With the above directions, W.P.No.25368 of 2019 and
Crl.R.C.No.138 of 2020 are disposed of.
21. In view of the order passed in W.P.No.25368 of 2019 and
Crl.R.C.No.138 of 2020, W.P.No.29211 of 2019 is closed.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
22. In view of the order passed in W.P.No.25368 of 2019 and
Crl.R.C.No.138 of 2020, W.P.No.19234 of 2020 is disposed of with the
direction that the 4th to 6th respondents are directed to remove encumbrance
from their file in respect of the property comprised in Old S.No.601 and New
S.No.755, Old S.No.602 and New S.No.756 measuring to an extent of 7.90 ½
acre situated at New Ward No.56, K – Block, Town Survey Nos.46 to 128,
Royapuram Extension, Tiruppur North Taluk, subject to the result of the suits
filed by the respective parties. No costs. Consequently, connected
miscellaneous petitions are closed.
06.01.2022
Index : Yes / No
Speaking Order: Yes
dm
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
To
1.The District Collector,
Tiruppur District.
2.The District Revenue Officer,
Tiruppur,
District Collector Office,
Tiruppur.
3.The Commissioner of Police,
Sirupooluvapatti, Tiruppur District – 641 687.
4.The Sub-Collector/Revenue Divisional Officer,
Tiruppur,
Tiruppur District.
5.The Tahasildar,
Tiruppur North,
Tiruppur District.
6.The Inspector of Police,
Tiruppur North Police Station,
Tiruppur District.
7.The District Surveyor,
Tiruppur,
Tiruppur District.
8.The Village Administrative Officer,
Thottipalayam Village,
Tiruppur North Taluk,
Tiruppur District.
9.The Inspector General of Registration,
Santhome, Chennai – 600028.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
10.The District Registrar,
Tiruppur District,
Tiruppur.
11.The District Registrar,
Coimbatore District,
Coimbatore.
12.The Joint – I Sub Registrar,
Tiruppur.
13.The Sub Registrar,
Dharapuram,
Tiruppur District.
14.The Sub Registrar,
Peelamedu,
Coimbatore District.
15.The Executive Magistrate cum
Revenue Divisional Officer,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25368 and 29211 of 2019, W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
G.K.ILANTHIRAIYAN, J.
dm
W.P.Nos.25368 and 29211 of 2019
and W.P.No.19234 of 2020
and Crl.RC.No.138 of 2020
06.01.2022
https://www.mhc.tn.gov.in/judis
