Madras High Court
V.K.Rajendran vs The District Revenue Officer on 10 April, 2023
W.P.(MD)No.6034 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.04.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.6034 of 2016
and
W.M.P.(MD).No.5342 of 2016
V.K.Rajendran ... Petitioner
Vs.
1.The District Revenue Officer,
Karur District,
Karur.
2.The Revenue Divisional Officer,
Karur District, Karur.
3.The Tahsildar,
Karur Taluk, Karur District.
4.The Village Administrative Officer,
Thanthoni Village,
Karur Taluk, Karur District.
5.A.Prabhu. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus to call for the
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W.P.(MD)No.6034 of 2016
records relating to the proceedings of the second respondent dated
02.03.2009 made in RTR 515 of 2009 on the file of the second respondent
and quash the same and consequently restore the patta granted in favour of
the petitioner by the second respondent in patta No.564 as per the patta
passbook issued by the second respondent.
For Petitioner :Mr.N.Shanmugaselvam
For Respondents :Mr.M.Sarangan
Additional Government Pleader for R1 to R4
:Mr.M.P.Senthil for R5
ORDER
The petitioner assails an order dated 02.03.2009 of the third
respondent by which a joint patta was granted in respect of lands bearing
Survey Nos.174/1 and 175/A by directing the inclusion of the name of
A.Prabhu therein.
2. The petitioner asserts that he purchased the property bearing
S.F.Nos.174/1 and 175/A in Thanthoni Village, Karur, along with his
brother, under sale deed dated 07.04.2000. Pursuant thereto, it is stated that
the patta No.564 was issued in the name of the petitioner and his brother,
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W.P.(MD)No.6034 of 2016
Murugesan. According to the petitioner, the father of the fifth respondent
interfered with the petitioner's possession and enjoyment of the property.
Therefore, O.S.No.29 of 2003 was filed on the file of the Principal District
Munsif Court, Karur seeking a declaration of title in respect of the suit
schedule property and a permanent injunction to restrain interference with
the petitioner's possession and enjoyment thereof. The said suit was decreed
on 09.01.2012. The said decree was assailed by filing A.S.No.45 of 2012,
which was dismissed on 19.12.2013. The fifth respondent's father and
grandfather filed S.A.(MD).No.196 of 2014 before this Court against the
judgment of the first appellate Court.
3. Learned counsel for the petitioner submits that S.A.(MD).No.
196 of 2014 was disposed of by judgment dated 23.12.2022. In terms
thereof, he submits that the Court recognized the 4/5th share of the plaintiffs
and the 1/5th share of Arumugam, the grandfather of the fifth respondent
herein. Therefore, he submits that the fifth respondent herein is not entitled
to a joint patta in respect of the relevant property.
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W.P.(MD)No.6034 of 2016
4. Learned Additional Government Pleader submits that the matter
may be disposed of by directing the jurisdictional Tahsildar to grant patta in
accordance with judgment in the second appeal.
5. On perusal of the judgment in the second appeal, particularly
paragraph 12.2 and 13 thereof, it is evident that the Court recognized the
4/5th share of the plaintiffs therein. The Court also recognized that
Arumugam is entitled to a 1/5th share on the basis of exhibits A4 and A5.
Since the title dispute between the petitioner, on the one hand, and the father
and grandfather of the fifth respondent, on the other, was decided by the
judgment in the second appeal, this writ petition is liable to be disposed of
by directing the Tahsildar to act in accordance with the judgment in the
second appeal.
6. For reasons set out above, W.P.(MD).No.6034 of 2016 is
disposed of by directing the third respondent to mutate the patta in
accordance with the judgment in S.A.(MD).No.196 of 2014. If there is any
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W.P.(MD)No.6034 of 2016
subsequent transfer from the grandfather of the fifth respondent to the fifth
respondent herein, such conveyance may be taken into account by the
Tahsildar. The above exercise shall be concluded within a period of six
weeks from the date of receipt of a copy of this order. There shall be no
order as to costs. Consequently, connected W.M.P.(MD).No.5342 of 2016 is
closed.
10.04.2023
NCC :Yes/No
Internet :Yes/No
Index :Yes/No
sbn
To
1.The District Revenue Officer,
Karur District,
Karur.
2.The Revenue Divisional Officer,
Karur District, Karur.
3.The Tahsildar,
Karur Taluk, Karur District.
4.The Village Administrative Officer,
Thanthoni Village,
Karur Taluk, Karur District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6034 of 2016
SENTHILKUMAR RAMAMOORTHY, J.
sbn
W.P.(MD)No.6034 of 2016
and
W.M.P.(MD).No.5342 of 2016
10.04.2023
https://www.mhc.tn.gov.in/judis
