Madras High Court
Rajalakshmi vs The District Collector on 17 August, 2023
W.P(MD)No.584 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.584 of 2015
Rajalakshmi ... Petitioner
Vs
1.The District Collector,
Nagercoil,
Kanyakumari District.
2.The Tahsildar,
Thuckalay,
Kalkulam Taluk,
Kanyakumari District.
3.Subash chandram ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order in Na.Ka.No.47/7880/2013 dated 18.03.2013 on
the file of the second respondent quash the same, and consequently direct the
second respondent to issue Patta in favour of the Petitioner herein in respect of
9 cents of land in R.S.No.41/7 of Villukuri village, Kalkulam Taluk,
Kanyakumari District.
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1/7
W.P(MD)No.584 of 2015
For Petitioner : No Appearance
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
for R.1 & R.2
Mr.B.Brijesh Kishore for R.3
ORDER
None appears for the writ petitioner.
2. The counsel had reported no instructions. I went through the
averments set out in the affidavit filed in support of the writ petition.
3. The petitioner purchased the petition mentioned property vide
registered sale deed dated 05.04.2011 from one S.Kandhan. The said
S.Kandhan purchased the same in Court auction held on 06.11.2009 which was
confirmed on 28.01.2010 in E.P.No.118 of 2006 in O.S.No.764 of 1992 on the
file of the Principal District Munsif Court, Padmanabhapuram. The petitioner
applied for issuance of patta in her name. Since it was not considered, the
petitioner filed W.P(MD)No.13595 of 2011. It was disposed of on 29.11.2011
in the following terms:
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W.P(MD)No.584 of 2015
“3. The petitioner is the purchaser of two properties
from a person who purchased them in a Court auction on sale
held in execution of a decree passed in O.S.No.764 of 1992.
For one property purchased by the petitioner she has already
been issued with Patta No.134. But for the other property, no
patta is issued so far. No reasons are also stated and the
application is also not returned or rejected. Hence, the above
Writ Petition.
4. Considering the facts and circumstances, this Writ
Petition is disposed of directing the second respondent to
consider the representation of the petitioner dated 21.09.2011,
conduct an enquiry and pass appropriate orders in accordance
with law within a period of four weeks from the date of receipt
of a copy of this order. No costs.”
Pursuant to the said direction, the Tahsildar, Kalkulam held enquiry and
negatived the petitioner's request vide letter dated 18.03.2013. Challenging the
same, this writ petition came to be filed.
4. The learned Additional Government Pleader appearing for the official
respondents submitted that the impugned order is well reasoned and that it does
not warrant interference.
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W.P(MD)No.584 of 2015
5. The learned counsel appearing for the third respondent submitted that
the petition mentioned property was settled in his favour by his father way back
in the year 2006. The auction sale took place subsequently. The petitioner's
vendor's name was never entered in the revenue record. Delivery of possession
was also not taken. As on date, the third respondent is very much residing in
the petition mentioned property. He had put up construction also. Taking note
of the ground reality, the Tahsildar, Kalkulam passed the impugned order and
the learned counsel appearing for the third respondent called upon this Court to
sustain the same and dismiss of the writ petition.
6. I carefully considered the contentions advanced by the learned
counsel appearing for the respondents and went through the materials on
record.
7. It is not in dispute that the father of the third respondent was the
judgment debtor. O.S.No.764 of 1992 was decreed on 01.08.1996.
Subsequently, E.P.No.118 of 2006 was filed and the petition-mentioned
property was brought to sale on 2009. The father of the third respondent was
very much a pattadhar. The decree passed against the third respondent’s father
had not been set aside. The auction sale confirmed in favour of S.Kandhan /
the vendor of the petitioner has also not been set aside. Therefore, S.Kandhan
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W.P(MD)No.584 of 2015
was entitled to enter his name in the revenue record. Merely because
S.Gandhan failed to get his name entered in the revenue record will not take
away the rights of the petitioner who had purchased the property from the said
S.Gandhan. The petitioner is entitled to step into the shoes of S.Gandhan who
had stepped into the shoes of Sivasankaran, the father of the third respondent.
The second respondent / Tahsildar failed to take into account the sequence of
events. He had instead gone by who was in physical possession. That is an
irrelevant consideration. Having purchased the property from S.Kandhan, the
petitioner is entitled to enter her name as a joint pattadhar. The order impugned
in this writ petition is set aside.
8. The second respondent shall pass order including the name of the
petitioner in the revenue record in respect of the property comprised in Survey
No.41/7 for an extent of 9 cents in Villukuri Village. This shall be done within
a period of eight weeks from the date of receipt of a copy of this order. I make
it clear that the only relief that has been granted in this writ petition is that the
petitioner's name shall also be entered as a joint pattadhar. It is for the
petitioner to work out her rights in the manner known to law as against the third
respondent before the jurisdictional civil Court.
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W.P(MD)No.584 of 2015
9. This writ petition is allowed on these terms. There shall be no order
as to costs.
17.08.2023
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
MGA
To
1.The District Collector,
Nagercoil,
Kanyakumari District.
2.The Tahsildar,
Thuckalay,
Kalkulam Taluk,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.584 of 2015
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.584 of 2015
17.08.2023
https://www.mhc.tn.gov.in/judis
