Madras High Court
C.Murugan vs The District Collector on 10 August, 2023
W.P(MD)No.23156 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.23156 of 2015
and
M.P(MD)No.3 of 2015
1.C.Murugan
2.C.Pandiyan ... Petitioners
Vs
1.The District Collector,
Thirunelveli District,
Thirunelveli.
2.The Tahsildar,
Taluk Office,
Tenkasi.
3.The Village Administrative Officer,
Kulasekarapatti Village,
Pavoor Chatram,
Thenkasi Taluk,
Thirunelveli District.
4.K.Subbiah
5.S.Raja
6.S.Ravi
7.Thiruvarngathammal
8.Ramalakshmi ... Respondents
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.23156 of 2015
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the patta
proceedings of the second respondent in respect of Patta No.2007 dated
15.09.2015 as taken in the website Kulasekarapatti, Tenkasi Taluk, Tirunelveli
District in respect of Survey No.711/2A3 and directing the second respondent
to restore the Patta No.2007 to its original position by maintaining the name of
C.Murugan and C.Pandiyan alone in respect survey No.711/2A3 after deleting
Mrs.Alaudurachi, Mrs.Ramalakshmi and Mrs.Thiruvrankathammal.
For Petitioners : Mr.K.Muraleedharan
For Respondents : Mr.D.Gandhiraj
Special Government Pleader
for R.1 to R.3
Mr.V.Sasikumar for R.4 to R.6
No Appearance for R.8
ORDER
Heard both sides.
2. The writ petitioners are aggrieved by the incorporation of the names
of the private respondents as joint pattadhars. During the pendency of the writ
petition, the respondents 4, 7 and 8 have passed away.
3. I called upon the learned counsel appearing for the private
respondents as to how they traced their title over the petition mentioned
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23156 of 2015
property. It is stated that the private respondents purchased the property from
one Darmaraj @ Kuthalinga Nadar. I wanted to know from the learned Special
Government Pleader if the name of Darmaraj @ Kuthalinga Nadar found place
in the revenue record in the first instance. It is fairly stated by the respondents
that the names of the vendor of the private respondents did not find place in the
revenue record. If that be so, I fail to understand as to how their names could
have been entered as joint pattadhars.
4. Admittedly, names of the petitioners alone figured in the revenue
record. If the names of the third parties are to be added as joint pattadhars, the
petitioners should have been put on notice. In the instant case, the petitioners
were not notified before incorporating the names of the private respondents.
Thus, the impugned proceedings suffer from a clear violation of the principles
of natural justice.
5. It is also seen that the private respondents filed O.S.No.189 of 2004
on the file of Additional District Munsif Court, Tenkasi against the writ
petitioners herein. The suit was dismissed. Aggrieved by the same, the private
respondents filed A.S.No.8 of 2008 before the Principal Sub Court, Tenkasi.
They succeeded before the I Appellate Court. However, the petitioners and one
Dharmaraj (Not vendor of the private respondents) filed S.A(MD)No.421 of
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23156 of 2015
2009 before this Court. On 28.01.2022, the second appeal was allowed and the
judgment of the I appellate Court was set aside and the matter was remanded to
the file of the Principal Sub Court, Tenkasi. Thus whatever findings rendered
in favour of the private respondents stood vacated.
6. In these circumstances, the order impugned in this writ petition will
have to be necessarily set aside. It is set aside and this writ petition is allowed.
Since civil suit is still pending, the rights of the parties will abide by the
outcome of the civil suit. There shall be no order as to costs. Consequently,
connected miscellaneous petition is closed.
10.08.2023
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
MGA
To
1.The District Collector,
Thirunelveli District,
Thirunelveli.
2.The Tahsildar,
Taluk Office,
Tenkasi.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23156 of 2015
3.The Village Administrative Officer,
Kulasekarapatti Village,
Pavoor Chatram,
Thenkasi Taluk,
Thirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.23156 of 2015
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.23156 of 2015
and
M.P(MD)No.3 of 2015
10.08.2023
https://www.mhc.tn.gov.in/judis
