Madras High Court
K.Arjunan vs The Revenue Divisional Officer on 19 January, 2022
WP.No.1839 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2022
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.1839 of 2020 and
WMP.No.2141 of 2020
K.Arjunan ... Petitioner
Vs
1.The Revenue Divisional Officer,
O/o the Revenue Divisional Officer,
Krishnagiri District
2.The Tahsildar,
O/o the Tahsildar,
Uthangarai Taluk,
Krishnagiri District
3.Krishnamoorthy ... Respondents
Prayer :-
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records
pertaining to the impugned order of the first respondent in
Ref.No.196/2019/G dated 25.11.2019 and quash the same, consequently
1/6
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WP.No.1839 of 2020
direct the second respondent to issue separate patta in favour of the
petitioner for the extent of 1.35 cents in sub divided S.No.70/2D1 situated at
Kommampattu Village, Uthagarai Taluk, Krishnagiri District.
For Petitioner : Mr.S.Viswanathan
for M/s.Dass and Viswa Associates
For Respondents
For R1 & 2 : Mr.V.Jeevagiridharan,
Additional Government Pleader
ORDER
This writ petition is filed to issue a Writ of Certiorarified
Mandamus calling for the records pertaining to the impugned order of the
first respondent in Ref.No.196/2019/G dated 25.11.2019 and quash the
same, consequently direct the second respondent to issue separate patta in
favour of the petitioner for the extent of 1.35 cents in sub divided
S.No.70/2D1 situated at Kommampattu Village, Uthagarai Taluk,
Krishnagiri District.
2. Heard, Mr.S.Viswanathan, the learned counsel for the petitioner
and Mr.V.Jeevagiridharan, Additional Government Pleader appearing for the
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WP.No.1839 of 2020
respondents 1 & 2.
3. The case of the petitioner is that the property comprised in
survey Nos.70/1A, 70/2D and 71/1A situated at Kommampattu Village,
Uthagarai Taluk, Krishnagiri District owned by their family members. In a
suit for partition in OS.No.102 of 1985 on the file of the Sub Court,
Krishnagiri, it was decreed and divided into two equal shares. One share
was allotted to the petitioner. Accordingly, final decree was passed in
OS.No.102 of 1985. As per final decree, the petitioner was allotted 5.95
acres i.e. the land comprised in survey No.70/1A to an extent of 1.68 acres,
the land comprised in survey No.70/2D admeasuring 1.35 acres and land
comprised in survey No.71/1A to an extent of 2.92 acres, totally 5.95 acres
allotted in favour of the petitioner. The daughter born through the second
wife of the petitioner's father filed partition suit in OS.No.106 of 1998
against the petitioner and his father on the file of the Additional Special
Court, Krishnagiri and it was dismissed. However, the petitioner was
granted patta only to an extent of 54 cents in survey No.70/2D2 and for
remaining extent of 81 cents sub divided in survey No.70/2D1, patta was
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WP.No.1839 of 2020
granted in favour of others along with petitioner's name. Therefore, the
petitioner submitted application before the first and second respondents for
rectification of error committed in the patta issued in favour of the petitioner.
However, the first respondent instead of deleting other names in the joint
patta No.353, removed the petitioner's name in the joint patta to an extent of
81 cents without considering the final decree passed in OS.No.102 of 1985.
4. On perusal of the counter filed by the second respondent,
revealed that the petitioner has not given any statement during the course of
enquiry on the file of the first respondent and he has not raised any objection
during the enquiry and also failed to produce the judgment made in
OS.No.102 of 1985. He also failed to produce any of the documents.
5. Considering the above, this writ petition is allowed and the
order impugned dated 25.11.2019 of the first respondent is set aside. The
request made by the petitioner is remanded back to the first respondent for
fresh consideration. The first respondent is directed to issue notice to the
petitioner and the counter party i.e. the third respondent herein and conduct
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WP.No.1839 of 2020
enquiry after giving them opportunity of hearing and pass orders on merits
and in accordance with law within a period of twelve weeks from the date of
receipt of copy of this order. It is made clear that the petitioner is at liberty to
produce all the documents and to make his statement before the first
respondent during the enquiry. Consequently, connected miscellaneous
petition is closed. No order as to costs.
19.01.2022
lok
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
G.K.ILANTHIRAIYAN, J.
lok
To
1.The Revenue Divisional Officer,
https://www.mhc.tn.gov.in/judis
WP.No.1839 of 2020
O/o the Revenue Divisional Officer,
Krishnagiri District
2.The Tahsildar,
O/o the Tahsildar,
Uthangarai Taluk,
Krishnagiri District
WP.No.1839 of 2020
19.01.2022
https://www.mhc.tn.gov.in/judis
