Madras High Court
M.Paulraj vs M.Shanmugavel on 13 September, 2022
W.A.(MD) No.1022 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.(MD) No.1022 of 2022
and
C.M.P.(MD) No.8238 of 2022
M.Paulraj ... Appellant
-vs-
1.M.Shanmugavel
2.G.Periyakaruppan
3.The District Revenue Officer
Tuticorin, Tuticorin District
4.The Revenue Divisional Officer
Kovilpatti
Tuticorin District
5.The Tahsildar
Vilathikulam Taluk
Tuticorin District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 08.06.2022, passed in W.P.(MD) No.1306 of 2017, on the file of
this Court.
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1022 of 2022
For Appellant : Mr.M.Saravanan
For Respondents : Mr.Jerin Mathew for R1 & R2
Mr.N.GA.Natraj
Government Advocate for R3 to R5
JUDGMENT
[Judgment of the Court was made by R.MAHADEVAN, J.]
This writ appeal is filed challenging the order, dated 08.06.2022,
passed in W.P.(MD) No.1306 of 2017.
2. The issue on hand relates to cancellation of Patta issued in the
name of the respondents 1 and 2 herein, in respect of the property comprised
in Old Survey No.214/1 and New Survey No.486/5 of Kulathur Village,
Vilathikulam Taluk, Tuticorin District.
3. The learned Single Judge, after hearing both sides, by order
dated 08.06.2022, finding that in the earlier round of litigation in W.A.(MD)
No.1271 of 2016, a Division Bench of this Court directed the District Revenue
Officer, Tuticorin, to dispose of the appeal filed by the appellant herein after
hearing both parties viz., appellant as well as the respondents 1 and 2 herein
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1022 of 2022
and since the Revenue Divisional Officer, Kovilpatti, instead of the District
Revenue Officer, Tuticorin, had passed an order rejecting the mutation of
Patta issued in the name of the respondents 1 and 2 and putting the appellant
in their place, which is in clear violation of the directions issued by the
Division Bench of this Court in W.A.(MD) No.1271 of 2016 and in violation of
the principles of natural justice, as the respondents 1 and 2 herein were not
given an opportunity of hearing, allowed the writ petition filed by the
respondents 1 and 2 herein and set aside the order dated 19.12.2016, passed
by the Revenue Divisional Officer, Kovilpatti, Tuticorin District, mutating the
Patta in the name of the respondents 1 and 2 herein.
4. That apart, since the appellant has filed a suit in O.S.No.150 of
2015, before the Sub Court, Kovilpatti, seeking the relief of declaration and
permanent injunction and the same is stated to be pending consideration, the
learned Single Judge directed the Trial Court to dispose of the suit in O.S.No.
150 of 2015, on merits and in accordance with law, within a period of six
months from the date of receipt of a copy of the order.
5. After hearing the learned counsel on either side and carefully
perusing the materials available on record, we are of the view that the above
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1022 of 2022
directions issued by the learned Single Judge do not warrant interference of
this Court. Hence, we are not inclined to interfere with the order dated
08.06.2022 passed in W.P.(MD) No.1306 of 2017 by the learned Single Judge,
instead, since the appellant herein has already filed a suit in O.S.No.150 of
2015, before the Sub Court, Kovilpatti, seeking the relief of declaration and
permanent injunction and the same is stated to be pending consideration, we
direct the learned Sub Judge, Kovilpatti, to dispose of the suit in O.S.No.150
of 2015, filed by the appellant herein, on merits and in accordance with law,
as expeditiously as possible preferably within a period of four months from the
date of receipt of a copy of this judgment, purely on merits.
6. In the result, the writ appeal fails and it is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] [J.S.N.P., J.]
13.09.2022
Index : Yes / No
Internet : Yes / No
Note to Office :
Mark a copy of this Judgment to
the Sub Judge, Kovilpatti.
krk
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1022 of 2022
To:
1.The District Revenue Officer,
Tuticorin, Tuticorin District.
2.The Revenue Divisional Officer,
Kovilpatti,
Tuticorin District.
3.The Tahsildar,
Vilathikulam Taluk,
Tuticorin District.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1022 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
krk
W.A.(MD) No.1022 of 2022
and
C.M.P.(MD) No.8238 of 2022
13.09.2022
____________
https://www.mhc.tn.gov.in/judis
