Madras High Court
S.R.Sundaravelayutham(Died) vs The District Revenue Officer on 6 June, 2022
W.P(MD)No.608 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.608 of 2011
and
M.P(MD)Nos.2 of 2011 and 1 of 2013
S.R.Sundaravelayutham(Died) ... Petitioner
Bagavathikumari ... Proposed petitioner
(Proposed petitioner is brought on record as the
legal heir of the deceased sole petitioner vide Court
order, dated, 04.04.2017 in W.M.P(MD)No.3816 of
2017)
Vs.
1.The District Revenue Officer,
Tirunelveli District,
Tirunelveli.
2.The Revenue Divisional Officer,
Tirunelveli Revenue Division,
Tirunelveli.
3.The Tahsildar,
Sankarankovil Taluk,
Sankarankovil,
Tirunelveli District.
4.A.V.R.M.V.Sankaranarayana Mudaliar (Died) ... Respondents
1/6
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W.P(MD)No.608 of 2011
5.S.Savithiri
6.V.S.Velayutham
7.Veena Sundaraman
8.Ajith @ Candrasekar
9.Nicky @ Sasinarayanan
10.V.S.Janaky
11.V.S.Murugan
12.Sanjeevi
13.Sindhiya
14.V.S.Rajagopal
(R5 to R14 brought on record as the legal heirs of
the deceased R4 vide Court order dated 08.11.2011
in M.P(MD)No.3 of 2011)
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, to call for the
records pertaining to the order, passed by the second respondent in
Na.Ka.No.A3/1152/09, dated 24.02.2009 confirmed by the order of the
first respondent in Na.Ka.No.A2/See.Ma.No.5/2010, dated 19.11.2010
and quash the same as against the law.
For Petitioner : Mr.F.X.Eugene
For Respondents : Mr.N.Muthu Vijayan
Special Government Pleader
for R1 to R3
Mr.N.Dilip Kumar
for R6
No appearance
for R4,R5 and R7 to R14
2/6
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W.P(MD)No.608 of 2011
ORDER
The present writ petition has been filed challenging an order
passed in the patta proceedings.
2. According to the writ petitioner, Patta No.867 was standing in
the name of his grand father Sankara Subbiah Mudaliar. After his death,
it devolved upon his father and after the death of his father, patta got
transferred in the name of the writ petitioner. This patta was challenged
by the co-sharers of the said property before the Revenue Divisional
Officer. By an order dated 24.02.2009, the Revenue Divisional Officer
has set aside the order and cancelled the patta standing in the name of the
writ petitioner. The writ petitioner challenged the said order before the
District Revenue Officer, Tirunelveli. By an order dated 19.11.2010, the
order of Revenue Divisional Officer was confirmed by District Revenue
Officer, which is under challenge in the present writ petition.
3. Admittedly, between the co-sharers of the disputed property
S.A(MD)No.123 of 2022 is pending. In view of the impugned order, the
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W.P(MD)No.608 of 2011
patta has now been mutated in the name of the deceased fourth
respondent. The said position shall continue till the disposal of
S.A(MD)No.123 of 2022. Depending upon the outcome of S.A(MD)No.
123 of 2022, the writ petitioner is at liberty to approach the Tahsildar
once again. Based upon the judgment and decree in S.A(MD)No.123 of
2022, the Tahsildar shall effect mutation in the revenue records, if
required.
4. With the above said observation, the Writ Petition is disposed
of. No costs. Consequently, connected Miscellaneous Petitions are
closed.
06.06.2022
gbg
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
W.P(MD)No.608 of 2011
To
1.The District Revenue Officer,
Tirunelveli District,
Tirunelveli.
2.The Revenue Divisional Officer,
Tirunelveli Revenue Division,
Tirunelveli.
3.The Tahsildar,
Sankarankovil Taluk,
Sankarankovil,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.608 of 2011
R.VIJAYAKUMAR ,J.
gbg
Order made in
W.P(MD)No.608 of 2011
Dated:
06.06.2022
https://www.mhc.tn.gov.in/judis
