Madras High Court
M.Balaguru vs The Revenue Divisional Officer on 12 October, 2022
W.P(MD)No.17582 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.17582 of 2013
and
M.P(MD)Nos.1 & 2 of 2013
M.Balaguru ... Petitioner
Vs.
1.The Revenue Divisional Officer,
Paramakudi Taluk,
Ramanathapuram District.
2.The Tahsildhar,
Office of Tahsildhar,
Mudhukulathoor,
Ramnad District.
3.Ganapathy
4.Velmurugan ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records of the impugned patta issued by the second
respondent in Ne.Mu.(A10) Tha.Pa.Ma.6695/12 (A2), dated 11.06.2012
and quash the same and consequently forbearing the second respondent
to effect any name transfer in the village revenue records in Survey
Number 300/2 measuring 59 cents in Melamudhukulator village,
Mudhukulatoor Taluk, Ramanathapuram District.
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17582 of 2013
For Petitioner : M/s.M.S.Suresh Kumar
For R-1 & R-2 : M/s.M.Lingadurai
Special Government Pleader
For R-3 & R-4 : No appearance
ORDER
The present Writ Petition has been filed challenging an order
passed by the first respondent herein, under which, he has refused to
entertain an appeal arising out of patta proceedings, on the ground that
I.A.No.422 of 2012 is pending in O.S.No.47 of 2011 on the file of the
Subordinate Court, Paramakudi.
2. According to the learned Counsel for the petitioner, the
petitioner had filed O.S.No.47 of 2011 on the file of the Subordinate
Court, Paramakudi, as against the third and fourth respondents herein for
the relief of declaration of title and permanent injunction. The said suit
was decreed exparte in favour of the writ petitioner on 31.07.2012.
Thereafter, the petitioner has approached the first respondent herein for
transfer of patta in his favour. The first respondent has passed the
impugned order, refusing to entertain the appeal on the ground that, the
third and fourth respondents herein have filed I.A.No.422 of 2012 to set
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17582 of 2013
aside the exparte decree. Only on the said ground, the first respondent
has refused to entertain the appeal. Hence, the present writ petition.
3. Though the third and fourth respondents herein have been
served, there is no appearance on their side either in person or through
Counsel.
4. A perusal of the impugned order indicates that the first
respondent has refused to entertain the appeal, only on the ground of
pendency of an application to set aside the exparte decree. The learned
Counsel for the petitioner is not in a position to place on record, whether
the application in I.A.No.422 of 2012 has been allowed or dismissed.
5. In view of the above said facts and the non appearance of the
third and fourth respondents herein, this Court passes the following
order:
"(i) The order impugned in the writ petition is set aside
and the matter is remitted back to the file of the first respondent
herein.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17582 of 2013
(ii) The first respondent is directed to issue notice to the
third and fourth respondents and the writ petitioner before
passing any orders.
(iii) In case, if the first respondent finds that O.S.No.47 of
2011 has already been restored, the appeal filed by the writ
petitioner may be closed, awaiting the judgment and decree of
the civil Court. On the other hand, if the first respondent finds
that I.A.No.422 of 2012 has been dismissed and the decree in
O.S.No.47 of 2011 has become final, he shall proceed to pass
orders on merits and in accordance with law.
(iv) The said exercise shall be completed within a period
of twelve (12) weeks from the date of receipt of a copy of this
order."
6. The writ petition stands allowed. There shall be no order as to
costs. Consequently, connected Miscellaneous Petitions stand closed.
12.10.2022
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17582 of 2013
Index : Yes / No
Internet : Yes / No
btr
To
1.The Revenue Divisional Officer,
Paramakudi Taluk,
Ramanathapuram District.
2.The Tahsildhar,
Office of Tahsildhar,
Mudhukulathoor,
Ramnad District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.17582 of 2013
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.17582 of 2013
12.10.2022
https://www.mhc.tn.gov.in/judis
