Madras High Court
Sinthamani vs The District Revenue Officer on 16 November, 2022
W.P(MD).No.12966 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.12966 of 2015
and
M.P(MD) Nos.1, 2 of 2015
and
W.M.P(MD) No.2357 of 2016
Sinthamani ... Petitioner
-vs-
1. The District Revenue Officer,
Pudukkottai,
Pudukkottai District.
2. The Revenue Divisional Officer,
Pudukkottai,
Pudukkottai District.
3. The Tahsildar,
Thirumayam Taluk,
Pudukkottai District.
4. The Zonal Deputy Thasildar,
Arimalam,
Pudukkottai District.
5. Raju
6. Muthusamy .... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P(MD).No.12966 of 2015
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, calling for the
records of the impugned proceedings of the second respondent dated
15.02.2010 in Na.Ka.A1/8515/2007 confirmed by the first respondent dated
07.10.2014 in Na.Ka.32190/10/D3 and consequently impugned order of the
third respondent dated 16.06.2015 in Na.Ka.A6/13105/2014 and quash the
same consequently forbearing the fourth respondent from issuing the patta
in the name of the sixth respondent.
For Petitioner : Mr.V.Sasikumar
For R-1 to R-4 : Mr.A.Baskaran
Additional Government Pleader
For R-5 & R-6 : Mr.P.Ganapathi Subramanian
ORDER
The present Writ Petition has been filed challenging the order passed
by the first respondent herein, confirming the order of the second and third
respondents.
2. According to the learned counsel for the petitioner, the survey
number in dispute, namely, Survey No.237/3 belongs to the petitioner and
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W.P(MD).No.12966 of 2015
his brother viz., Arumugam. The fifth respondent had filed a suit in O.S.No.
15 of 1998, on the file of the District Munsif Court cum Judicial Magistrate
Court, Thirumaiyam, for the relief of permanent injunction. The said suit
was dismissed and as against the same, the fifth respondent had filed a First
Appeal in A.S.No.61 of 2000, on the file of the Additional District Court
cum Chief Judicial Magistrate, Pudukkottai. The first appeal was dismissed,
on 07.09.2001. Thereafter, no Second Appeal was filed by the fifth
respondent herein.
3. However, the first respondent herein, by an order dated 07.10.2014
has proceeded to grant patta in favour of the respondents 5 and 6 herein
rejecting the contentions of the writ petitioner. Under the impugned order
passed by the first respondent, he has also directed the third respondent to
conduct a detailed enquiry. The third respondent has passed a consequential
order on 16.06.2015. According to the learned counsel for the writ
petitioner, the order passed by the third respondent herein, dated 16.06.2015
is without issuing any notice to the writ petitioner herein.
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W.P(MD).No.12966 of 2015
4. The efforts made on the side of the learned Additional Government
Pleader appearing for the official respondents to procure the file has ended
in vain.
5. Per contra, the learned Counsel appearing for the private
respondents had contended that the petitioner or his brother do not have any
title or possession over the property in dispute and the Revenue Authorities
are rightly granted patta in their favour. Hence, he prayed for sustaining the
order passed by the first respondent and the consequential order passed by
the third respondent herein.
6. I have carefully considered the submissions made on either side.
7. A competent civil Court by way of Judgment in O.S.No.15 of 1998,
dated 24.03.2000 has rejected the prayer for permanent injunction made on
behalf of the fifth respondent herein. The said Judgment and Decree of the
learned District Munsif cum Judicial Magistrate has been confirmed by the
learned Additional District Judge cum Chief Judicial Magistrate,
Pudukkottai, in A.S.No.61 of 2000, dated 07.09.2001.
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W.P(MD).No.12966 of 2015
8. A perusal of the Judgment indicates that the said judgment has been
delivered with regard to Survey No. 237/3, which is the subject matter of
the patta proceedings. The said judgment has not been properly appreciated
by the first respondent and the order impugned in the Writ Petition has been
passed. Moreover, the consequential order passed by the Tahsildar, on
16.06.2015 is without any notice to the writ petitioner.
9. In view of the above said facts, the orders impugned in the Writ
Petition are set aside and the matter is remitted back to the file of the first
respondent herein. The first respondent is directed to consider the matter
afresh and pass orders on merits and in accordance with law, in the light of
the Judgement and Decree in O.S.No.15 of 1998 and A.S.No.61 of 2000,
after giving due opportunity to the writ petitioner and the respondents 5 and
6 herein. The said exercise shall be completed within a period of four
months from the date of receipt of a copy of this order. The first respondent
is directed to dispose of the same by strictly adhering the time limit fixed by
this Court and get back to the same to the Registry. Till such time, the
parties shall not alienate or encumber the property.
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W.P(MD).No.12966 of 2015
10. According to the learned counsel for the petitioner, at the time of
admission, this Court has granted an order of interim stay, on 29.07.2015.
However, in violation of the said interim order, the third respondent has
effected transfer of patta in favour of the respondents 5 and 6 herein. In
view of the above discussion, the patta shall be restored in the name of the
writ petitioner till the matter is disposed of by the District Revenue Officer.
11. With the above said observation, this Writ Petition stands allowed.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petitions are closed.
16.11.2022
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
W.P(MD).No.12966 of 2015
To
1. The District Revenue Officer,
Pudukkottai,
Pudukkottai District.
2. The Revenue Divisional Officer,
Pudukkottai,
Pudukkottai District.
3. The Tahsildar,
Thirumayam Taluk,
Pudukkottai District.
4. The Zonal Deputy Thasildar,
Arimalam,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis
W.P(MD).No.12966 of 2015
R.VIJAYAKUMAR,J.
ebsi
W.P.(MD)No.12966 of 2015
16.11.2022
https://www.mhc.tn.gov.in/judis
