Madras High Court
Kandasamy vs The Thasildar on 6 June, 2022
WP.No.12310 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI
WP.No.12310 of 2022
and WMP.Nos.11763, 11765 & 11766 of 2022
Kandasamy ... Petitioner
Vs
1. The Thasildar,
Attur Taluk, Attur Taluk and Post, Salem District.
2. The District Collector,
Office of the Collector, District Collectorate,
Salem District, Salem-1.
3. The President,
Panchayat Board Office,
Malliakarai Village and Post,
Attur Taluk & District.
... 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
culminating issuance of the impugned Memorandum dated 12.04.2022
issued by the first respondent, to carry out survey & sub-Division of the
petitioner's patta lands of extent of 3.09 Acres in old survey No.456, preset
survey No.181 of Malliakarai Village and quash the same and direct the
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https://www.mhc.tn.gov.in/judis
WP.No.12310 of 2022
official respondents to abide by the decree dated 20.03.2012 in
O.S.No.138/2020, on the file of the District Munsif, Attur and effect
mutation of revenue records including UDR patta in accordance with the
above-mentioned decree dated 20.03.2012.
For Petitioner : Mr. K.Shakespeare
For Respondents : Mr. R.Vigneswaran, GA, RR1 & 2
Mr.C.Sathish R3
ORDER
This writ petition is filed seeking to quash the impugned
Memorandum dated 12.04.2022 issued by the first respondent and
consequently, direct the official respondents to abide by the decree dated
20.03.2012 in O.S.No.138/2020, on the file of the District Munsif, Attur and
effect mutation of revenue records including UDR patta.
2. The case of the petitioner is that the petitioner is the owner of
the land to an extent of 3.09 Acres in Old S.No.456, present survey No.181
of Mallakarai Village, without notice to the petitioner, was sub divided into
S.Nos.181/1 & 181/2. Therefore, the petitioner made a representation to the
first respondent to correct the revenue records and there is no response from
the respondent. Hence, the petitioner has filed a suit in O.S.No.233/2010
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WP.No.12310 of 2022
against the respondents herein on the file of the learned District Munsif,
Attur for a declaration that the said sub-division as null and void and
consequential to restore it as a single survey unit. The said suit was decreed
with costs on 20.03.2012.
3. On 24.10.2017, the Sub-Collector, Attur issued a memorandum
to the first respondent admitting the decree passed in O.S.No.233/2010 and
to submit a report. But there was no further action. Hence, on 19.08.2018,
the petitioner issued a legal notice and representation calling upon the first
respondent to carry out mutation of records as per court decree. Since there
was no action on the part of the first respondent, the petitioner filed an
execution petition on 02.01.2019 against the respondents for execution of
the decree dated 20.03.2012, which was taken on record as R.E.P.No.1 of
2020 by the learned District Munsif, Attur. The respondents instead of
abiding by the decree in O.S.No.233/2010, Which has become final, are
attempting to overreach the decree, for which, the petitioner again issued a
notice on 21.03.2022 to the first respondent to act as per the decree dated
20.03.2012. Pursuant to which, the first respondent passed the impugned
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WP.No.12310 of 2022
order dated 12.04.2022 calling upon the petitioner to attend enquiry on
27.04.2022 and to submit records. Challenging the same, the present writ
petition has been filed the present writ petition before this Court seeking
appropriate remedy.
4. The learned counsel for the petitioner submitted that as per the
judgment of the suit in O.S.No.233/2010 on the file of the District Munsif,
Attur Taluk, Salem District, the respondents have to merge the mutated
revenue records. Instead of doing that, the respondents instructed the
petitioner to attend enquiry. The learned counsel prays that this Court may
permit the petitioner to participate the enquiry proceedings conducted by the
first respondent.
5. Heard the learned counsel for the petitioner and perused the
materials available on record.
6. Considering the limited request made by the learned counsel for
the petitioner, this Court permits him to participate the enquiry proceedings
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WP.No.12310 of 2022
conducted by the first respondent and produce all the relevant document to
substantiate his claim.
7. With the above observation, the Writ Petition is dismissed. No
costs.
06.06.2022
Rli
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
To
1. The Thasildar,
Attur Taluk, Attur Taluk and Post, Salem District.
2. The District Collector,
Office of the Collector, District Collectorate,
Salem District, Salem-1.
3. The President,
Panchayat Board Office,
Malliakarai Village and Post,
Attur Taluk & District.
https://www.mhc.tn.gov.in/judis
WP.No.12310 of 2022
M.DHANDAPANI,J.
Rli
WP.No.12310 of 2022
and WMP.Nos.11763, 11765 & 11766 of 2022
06.06.2022
https://www.mhc.tn.gov.in/judis
