Madras High Court
C.Mathiyarasan vs S.C.Venkatesh on 17 August, 2023
W.A.No.1755 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1755 of 2021
C.Mathiyarasan .. Appellant
Vs.
1. S.C.Venkatesh
2. The Revenue Divisional Officer
Collectorate, Coimbatore.
3. The Tahsildar
Coimbatore North
Tahsildar Office
Coimbatore.
4. The Town Sub Inspector of Survey
Land Survey, West Zone
Coimbatore Corporation
Coimbatore.
5. Palaniammal .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 15.03.2021 made in W.P.No.20040 of 2016.
Page 1 of 5
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W.A.No.1755 of 2021
For the Appellant : Mr.Balan Haridas
For the Respondents : Mr.P.Mathivanan
for Respondent-1
Mrs.R.Anitha
Special Government Pleader
for Respondents 2 & 3
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.Balan Haridas, learned counsel for the appellant,
Mr.P.Mathivanan, learned counsel for the first respondent and
Mrs.R.Anitha, learned Special Government Pleader for the
respondents 2 and 3.
2. The first respondent herein filed a writ petition bearing
No.20040 of 2016 before the learned Single Judge challenging the
order dated 20.02.2016 passed by the Revenue Divisional Officer.
Under the said order, the Revenue Divisional Officer had passed an
order on the premise that 1.76 acre was allotted to Palaniammal
and that the remaining property was subsequently sold to the
present appellant.
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W.A.No.1755 of 2021
3. The learned Single Judge observed that the case of the first
respondent and the appellant has to be examined by the Revenue
Divisional Officer with reference to the whole survey records and
documents of title, apart from the decree that was granted in favour
of the private respondent in the suit for partition. It is further
observed that if the suit filed by the writ petitioner is decided finally
resolving the issue, the Revenue Divisional Officer also may pass
appropriate orders in tune with the decree that may be granted by
the Civil Court.
4. The learned Single Judge has not decided the issue finally
and has directed that the judgment delivered by the Civil Court in
the pending civil suit filed by the first respondent would govern the
parties and also would bind the Revenue Divisional Officer.
5. Naturally, the Civil Court will have to consider the extent of
the properties purchased by the parties and also the rights of their
predecessor in title. All these will have to be gone into by the Civil
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W.A.No.1755 of 2021
Court while arriving at the conclusion. The observations made by
the learned Single Judge are limited only for the purpose of deciding
the writ petition. The Civil Court has to independently decide the
issue based on the evidence adduced before it and considering the
documents before it.
6. With the above observations, the writ appeal is disposed of.
There will be no order as to costs. Consequently, C.M.P.No.11001
of 2021 is closed.
(S.V.G., CJ.) (P.D.A., J.)
17.08.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Revenue Divisional Officer
Collectorate, Coimbatore.
2. The Tahsildar
Coimbatore North
Tahsildar Office, Coimbatore.
3. The Town Sub Inspector of Survey
Land Survey, West Zone
Coimbatore Corporation, Coimbatore.
https://www.mhc.tn.gov.in/judis
W.A.No.1755 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.1755 of 2021
17.08.2023
https://www.mhc.tn.gov.in/judis
