S.M.Xavier vs The Revenue Divisional ...
2023 Latest Caselaw 11572 Mad

                                                                               W.P(MD)No.10504 of 2015


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 30.08.2023

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               W.P(MD)No.10504 of 2015

                S.M.Xavier                                                       ... Petitioner
                                                           Vs.



                1.The Revenue Divisional Officer/Sub-Collector,
                  Cheranmahadevi,
                  Tirunelveli District.

                2.The Tahsildar,
                  Radhapuram Taluk,
                  Tirunelveli District.

                3.V.Murugan                                                  ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
                records of the 1st respondent in Ni.Mu.9399/2012 (A-1) in 30.04.15 and quash
                the same and consequently direct the 1st respondent to rectify the mistake of
                classification of entry made as Poromboke lane and bring the petitioner name in
                the same.
                                  For Petitioner     : Mr.H.Arumugam
                                  For Respondent      : Mr.D.Gandhiraj
                                                       Special Government Pleader for R1 & R2
                                                     : Mr.S.Palanivelayuthan for R3


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                                                                              W.P(MD)No.10504 of 2015




                                                   ORDER

Heard the learned counsel on either side.

2. The petitioner sought issuance of patta in respect of the petition

mentioned pathway. According to the petitioner, it is an exclusive pathway.

The stand of the respondents was that the pathway is a public pathway. In the

impugned order, it has been mentioned that the petitioner has already taken

recourse to the civil proceedings.

3. When the matter was taken up for hearing, the learned counsel for the

petitioner pointed out that though the suit was dismissed by the trial Court,

A.S.No.71 of 2019 filed by him before the Sub Court, Valliyoor ended in his

favour. The third respondent namely Murugan figured as sole defendant /

respondent. It is not known if Murugan has filed any second appeal. If any

such second appeal is filed, the rights of the parties will abide by the outcome

of the second appeal. So long as the decree dated 29.03.2022 in A.S.No.71 of

2019 is holding the filed, the petitioner's entitlement for patta cannot be

negatived.

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

W.P(MD)No.10504 of 2015

4. In this view of the matter, the order impugned in the writ petition is set

aside. The second respondent is directed to issue patta in favour of the

petitioner in respect of the petition mentioned pathway. I make it clear that this

will abide by the outcome of the second appeal that may be filed either by the

third respondent or any third party against the Judgment and decree in A.S.No.

71 of 2019 on the file of the Sub Court, Valliyoor.

5. The Writ Petition is allowed. No costs.

                                                                                      30.08.2023
                Index             : Yes / No
                Internet          : Yes/ No
                rmi

                To

1.The Revenue Divisional Officer/Sub-Collector, Cheranmahadevi, Tirunelveli District.

2.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

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

W.P(MD)No.10504 of 2015

G.R.SWAMINATHAN, J.

rmi

W.P(MD)No.10504 of 2015

30.08.2023

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