Madras High Court
V.Amarathara vs The District Revenue Officer on 6 September, 2022
W.P.No.27181 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.27181 of 2016
and
W.M.P.Nos.23336 of 2016 & 38014 of 2017
V.Amarathara ... Petitioner
Vs
1.The District Revenue Officer,
Vellore, Vellore District.
2.The Revenue Divisional Officer,
Ranipet, Vellore District.
3.The Thasildar,
Arakkonam, Vellore District.
4.R.S.Mani ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorari, to call for the records of the first
respondent in his proceedings Pa.Mo.D3/29898/2013 dated 01.07.2016 and
quash the same.
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W.P.No.27181 of 2016
For Petitioner : Mr.D.Jeremiah
For Respondents :
For R1 to R3 : Mrs.M.Jayanthy
Additional Government Pleader
For R4 : Mr.R.Bharanidharan
ORDER
The petitioner has challenged the impugned order dated 01.07.2016
passed by the first respondent/District Revenue Officer cancelling the Patta
issued to the petitioner pursuant to a Sale Deed dated 11.02.1993 executed in
favour of the petitioner by Rajagopala Naidu's Legal Heirs.
2. The case of the petitioner is that though the Sale Deed dated
11.02.1993 is confined to only 1.45 Acres of land in S.Nos.19/3, 28/1 and 31 in
Ananthapuram Village, Arakkonam Taluk, Vellore District, the petitioner is in
actual possession of the entire extent of land measuring an extent of 5.21 Acres.
3. The learned counsel for the fourth respondent opposes the prayer in
this Writ Petition stating that the petitioner had filed O.S.No.13 of 2015 only
for permanent injunction. By Judgment and Decree dated 14.12.2021, the
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W.P.No.27181 of 2016
aforesaid suit was dismissed by the District Munsif Court, Arakkonam, Vellore
District. It is submitted that though the petitioner has filed Appeal Suit in
A.S.No.7 of 2022 before the Sub Court, Arakkonam, Vellore District, the
petitioner cannot claim Patta over the land for which, the petitioner's father had
a right and after the petitioner's father, the petitioner.
4. It is submitted that there was a partition between the family persons of
Rajagopala Naidu and that the Sale Deed executed in favour of the petitioner is
confined only to 1.25 Acres of land and that the Patta was wrongly issued
though the Patta originally stood jointly in the name of both the brothers
namely Ramakrishnan Naidu the father of the fourth respondent and Rajagopal
Naidu.
5. The further case of the petitioner that the petitioner has perfected the
title by way of adverse possession cannot be countenanced. It is submitted that
the petitioner should have filed a suit for adverse possession in terms of the
decision of the Hon'ble Supreme Court in Ravinder Kaur Grewal and others
Vs Manjit Kaur and others, in C.A.No.7764 of 2014 dated 07.08.2019.
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W.P.No.27181 of 2016
6. I have considered the arguments advanced by the learned counsel for
the petitioner, the learned Additional Government Pleader for the first to third
respondents and the learned counsel for the fourth respondent.
7. The issue relating to title cannot be decided by the respondents. It is
for the Trial Court or the Appellate Court to decide as to whether the petitioner
has perfected the title or not. If a wrong entry has been made in the Patta in the
revenue records while issuing the Patta, it can be corrected at any point of time.
8. Considering the fact that the petitioner has filed A.S.No.7 of 2022, this
Writ Petition is closed for the present leaving the petitioner to perfect her title
over the property allegedly in her possession pending in A.S.No.7 of 2022
before the Sub Court, Arakkonam, Vellore District. No costs. Consequently,
connected Writ Miscellaneous Petitions are closed.
06.09.2022
Index: Yes/No
Speaking/Non-Speaking Order
arb
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W.P.No.27181 of 2016
To
1.The District Revenue Officer,
Vellore, Vellore District.
2.The Revenue Divisional Officer,
Ranipet, Vellore District.
3.The Thasildar,
Arakkonam, Vellore District.
https://www.mhc.tn.gov.in/judis
W.P.No.27181 of 2016
C.SARAVANAN, J.
arb
W.P.No.27181 of 2016
and
W.M.P.Nos.23336 of 2016 & 38014 of 2017
06.09.2022
https://www.mhc.tn.gov.in/judis
