K.Jawahar vs The District Collector
2023 Latest Caselaw 11186 Mad

                                                                               W.P(MD)No.9451 of 2015


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 24.08.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            W.P(MD)No.9451 of 2015
                                                     and
                                             M.P.(MD)No.1 of 2015

                K.Jawahar                                                          ... Petitioner
                                                        Vs.



                1.The District Collector,
                  Madurai District,
                  Madurai.

                2.The District Revenue Officer,
                  Madurai District,
                  Madurai.

                3.The Revenue Divisional Officer,
                  Madurai District,
                  Madurai.                                                    ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorari, to call the records in connection
                with the 2nd respondent s impugned order in Na.Ka. No. 8558/2015/G2 dated
                13.03.2015 and quash the same as illegal and arbitrary, within the time limit
                that may be stipulated by this Court.




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                                                                                     W.P(MD)No.9451 of 2015




                                    For Petitioner     : No appearance

                                    For Respondents : Mr.S.RA.Ramachandran
                                                     Additional Government Pleader


                                                       ORDER

None appeared for the petitioner. The case is posted under the caption

'for dismissal'. Even today, there is no representation.

2. I went through the contents of the affidavit filed in support of the writ

petition. The petitioner's mother executed a deed of settlement in his favour in

the year 1996. Patta was mutated in his favour. Thereafter, in the year 2012, it

was unilaterally cancelled. That led to issuance of the joint patta. Questioning

the proceedings dated 21.07.2014 issued by the Revenue Divisional Officer,

Madurai, the petitioner filed revision before the District Revenue Officer,

Madurai. The District Revenue Officer, Madurai declined to interfere on

account of pendency of the civil suit between the parties. Challenging the

same, this writ petition came to be filed.

3. Since unilateral cancellation has been held to be bad in law, the case

deserves to be allowed. However, two factors come in the way.

The first is institution of O.S.No.348 of 2014 on the file of the https://www.mhc.tn.gov.in/judis

W.P(MD)No.9451 of 2015

District Munsif Court, Melur in which the deed of cancellation had

been mutated. The petitioner had not questioned the unilateral

cancellation in this writ petition.

Secondly, neither his mother nor his sibling had been impleaded

as parties.

If I allow the writ petition by setting aside the impugned order, that would mean

that the names of the other pattadhars will have to be deleted. That cannot be

done behind their back. Since the petitioner failed to implead his siblings and

his mother and he has also not challenged the unilateral cancellation, he has to

necessarily work out his right in O.S.No.348 of 2014 on the file of the District

Munsif Court, Melur. It is not known if the said suit is pending or disposed of.

Be that as it may, the petitioner's right will abide by the outcome of the civil

suit. Based on the judgment in the civil suit, the revenue authorities will

mutate the revenue record accordingly.

4. The Writ Petition is disposed of. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                                      24.08.2023
                Index               : Yes / No
                Internet            : Yes/ No
                rmi



https://www.mhc.tn.gov.in/judis

                                                          W.P(MD)No.9451 of 2015


                                                    G.R.SWAMINATHAN, J.

                                                                            rmi


                To

                1.The District Collector,
                  Madurai District,
                  Madurai.

                2.The District Revenue Officer,
                  Madurai District,
                  Madurai.

                3.The Revenue Divisional Officer,
                  Madurai District,
                  Madurai.




                                                    W.P(MD)No.9451 of 2015




                                                                  24.08.2023



https://www.mhc.tn.gov.in/judis