Madras High Court
Muthuvilava Ponnambalam vs The District Collector on 13 September, 2022
W.P(MD)No.737 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD).No.737 of 2014
Muthuvilava Ponnambalam,
: Petitioner
Vs
1. The District Collector,
Pudukkottai District,
Pudukkottai
2. The Tahsildar,
Thirumayam Taluk,
Pudukkottai District
3. Kasiviswanathan,
4. Kailasam,
5. Subramanian,
6. Porselvan,
7. Rajkumar Kasi,
8. Ponnalagappan,
: Respondents
1/6
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W.P(MD)No.737 of 2014
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the 2nd respondent
to restore Patta Nos. 310, 751, 729 and 2152 for the land sin Virachilai I and
II Bit Village in Thirumayam Taluk, Pudukkottai District in the name of
Muthadaikki @ Sigappai and Subbaiah Thevar respectively.
For Petitioner : Mr.N.Balakrishnan
For R1 and R2 : Mr.A.Sivan Pandian
Government Advocate
For R3 to R7 : Mr.G.Sridharan
For R8 : No Appearance
ORDER
The present writ petition has been filed seeking a Writ of Mandamus,
directing the second respondent to restore the patta in the name of one
Muthadaikki @ Sigappi and Subbaiah Thevar.
2.According to the petitioner, the property in dispute originally belongs
to one Muthadaikki @ Sigappi. She has bequeathed her properties in favour
of the petitioner by way of a Will, on 14.01.1989. The petitioner herein is in
https://www.mhc.tn.gov.in/judis
W.P(MD)No.737 of 2014
possession of the property in dispute. The respondents 3 to 8 attempted to get
patta in their favour. Apprehending their action, the petitioner has sent an
objection letter to the second respondent on 29.10.2011, seeking not to grant
any patta in favour of the private respondents, without hearing the petitioner.
The petitioner has also addressed a letter to the District Collector on
29.10.2011, requesting him to initiate action. The District Collector has
forwarded the said letter to the second respondent on 01.11.2011. Hence it is
clear that even before the second respondent had issued patta in favour of the
respondents 3 to 8, the petitioner had made objections to the respondents 1
and 2 herein. However, without hearing the writ petitioner, the patta has been
transferred in favour of the respondents 3 to 8 herein.
3.The learned Counsel appearing for the petitioner had relied upon the
Division Bench judgment of the Hon'ble Supreme Court reported in 2011 (5)
CTC 94, where, an order has been passed by Tahsildar under the Tamil Nadu
Patta Passbook Act without giving any opportunity to the rival parties, the
alternative relief of filing an appeal before the Revenue Divisional Officer
cannot be insisted upon.
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W.P(MD)No.737 of 2014
4.In view of the above said facts, this Court passes the following
orders:
(i)The second respondent herein is directed to restore the patta in
the name of Muthadaikki @ Sigappi and Subbaiah Thevar, pending disposal
of the patta transfer proceedings.
(ii)The second respondent is directed to conduct a fresh enquiry
after giving due opportunity to the petitioner and respondents 3 to 8 herein
and pass orders on merits and in accordance with law, within a period of
twelve weeks from the date of receipt of a copy of this order.
5.With the above directions, this writ petition stands allowed to the
extent as stated above. No costs.
13.09.2022
Index : Yes / No
Internet : Yes/ No
lr
https://www.mhc.tn.gov.in/judis
W.P(MD)No.737 of 2014
To
1. The District Collector,
Pudukkottai District,
Pudukkottai
2. The Tahsildar,
Thirumayam Taluk,
Pudukkottai District
https://www.mhc.tn.gov.in/judis
W.P(MD)No.737 of 2014
R.VIJAYAKUMAR, J.
lr
W.P(MD).No.737 of 2014
13.09.2022
https://www.mhc.tn.gov.in/judis
