Madras High Court
K.Raja vs 5 The Commissioner on 6 September, 2022
W.P.No.33465 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.33465 of 2016
1. K.Raja
2. K.Suresh
3. R.Pandian ... Petitioners
Vs.
1 The District Collector,
Tiruvannamalai District,
Tiruvannamalai-606 601
2 The Revenue Divisional Officer,
Tiruvannamalai district,
Tiruvannamalai.
3 The Tahsildar,
Tiruvannamalai Taluk, Tiruvannamalai.
4 The Special Tahsildar,
Town and Tax Scheme, Tiruvannamalai town,
Tiruvannamalai.
5 The Commissioner
Tiruvannamalai Municipality,
Tiruvannamalai District. ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.33465 of 2016
The writ petition filed under Article 226 of the Constitution of
India, to issue a writ of Certiorarified Mandamus, Call for the records
relating to the impugned order in Na.Ka.No.A/120/2014 dated
12.03.2016 on the file of the 4th respondent and quash the same and
directing the respondents herein to issue patta to the petitioners in
T.S.No.319 New Block No.8 (Old Block No.7) Ward No.2 of
Tiruvannamalai Town in the Vaithilinga Mudali Lane to the extent of
900 sq.ft (83.5 Sq.Mt.) based on the recommendation of the 2nd
respondent to the 1st respondent vide Moo.Mu.No.(A3)/349/2013 dated
16.04.2013 and the statements dated 20.02.2013 and 19.06.2013 given
by the Village Administrative Officer Tiruvannamalai Town and the Sub
Inspector of Town Survey (Land Survey) Tiruvannamalai Municipality.
For Petitioner : Mr.S.Kumaradevan
For Respondents : Mr.P.Sathish, AGP RR1 to 4
Mr.A.S.Thambuswamy R5
ORDER
The writ petition has been filed seeking to quash the impugned
order in Na.Ka.No.A/120/2014 dated 12.03.2016 on the file of the 4th
respondent and consequently, directing the respondents herein to issue
patta to the petitioners in respect of the subject property.
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W.P.No.33465 of 2016
2. The case of the petitioner is that the petitioners are the brothers
and they are the joint owner of the property in T.S.No.319, New Block
No.8 (Old Block No.7) Ward No.2 of Tiruvannamalai Town in the
Vaithilinga Mudali Lane to the extent of 900 sq.ft (83.5 Sq.Mt.) and they
are in possession and enjoyment in the said property. The petitioners
made application before the respondents for issuance of patta in respect
of the subject property. However, the said application has rejected by the
4th respondent vide his proceedings dated 12.03.2016, on the ground that
the suits, which was filed by the petitioner as well as the other persons
with regard to the subject property, are pending before the District
Munsif Court, Thiruvannamalai.
3. The learned counsel for the petitioner submitted that during
pendency of the writ petition, the suit in O.S.No.223 of 2011 which was
filed by the petitioners, was dismissed as withdrawn and and the suit in
O.S.No.197 of 2010 which was filed by the third parties, ended in favour
of the petitioners. Therefore, the learned counsel for the petitioners prays
that this Court may grant liberty to the petitioners to file a fresh
https://www.mhc.tn.gov.in/judis
W.P.No.33465 of 2016
application before the respondents 3 & 4 in terms of the decree passed by
the trial Court.
4. Heard the learned counsel on either side and perused the
materials available on record.
5. Considering the facts and circumstances of the case, this Court,
without interfering with the impugned order, permit the petitioners to file
a fresh petition/application for issuance of patta with respect to the
subject property before the 4th respondent along with the judgment &
decree in O.S.No.197 of 2010 within a period of two weeks from the date
of receipt of a copy of this order. Upon receipt of such petitioner/appeal,
the 4th respondent shall consider the same and pass appropriate orders on
merits and in accordance with law, after affording opportunity to the
necessary parties, within a period of twelve weeks, thereafter.
6. With the aforesaid directions, this Writ Petition stands disposed
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W.P.No.33465 of 2016
of. No costs.
06.09.2022
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Index : yes / no
Internet : yes / no
Speaking order : Yes/No
To
1 The District Collector,
Tiruvannamalai District,
Tiruvannamalai-606 601
2 The Revenue Divisional Officer,
Tiruvannamalai district,
Tiruvannamalai.
3 The Tahsildar,
Tiruvannamalai Taluk, Tiruvannamalai.
4 The Special Tahsildar,
Town and Tax Scheme, Tiruvannamalai town,
Tiruvannamalai.
5 The Commissioner
Tiruvannamalai Municipality,
Tiruvannamalai District.
https://www.mhc.tn.gov.in/judis
W.P.No.33465 of 2016
M.DHANDAPANI, J.
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W.P.No.33465 of 2016
06.09.2022
https://www.mhc.tn.gov.in/judis
