Maria Thangam vs The District Revenue Officer
2023 Latest Caselaw 9783 Mad

                                                                             WP(MD)No.19101 of 2023


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 07.08.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                         WP.(MD).No.19101 of 2023 and
                                       WMP(MD) Nos.15845 & 15848 of 2023

                     Maria Thangam                                           ... Petitioner
                                                         Vs

                     1.The District Revenue Officer,
                       Nagercoil,
                       Kanyakumari District.

                     2.The Revenue Divisional Officer,
                       Padmanabhapuram,
                       Kanyakumari District.

                     3.The Tahsildar,
                       Vilavancode Taluk,
                       Kanyakumari District.

                     4.Jeyasingh                                              ... 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 on the files of the first respondents pertaining to its

                     1/6



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                                                                           WP(MD)No.19101 of 2023


                     proceeding bearing Na.Ka.No.M4/31273/2019, dated 30.09.2022 and
                     to quash the same and consequently direct the respondents to restore
                     the name of the petitioner in Patta No.14139 and to quash the same.
                                  For Petitioner   : Mr.SC.Herold Singh
                                  For R1 to R3     : Mr.G.V.Vairam Santhosh
                                                     Additional Government Pleader

                                                   ORDER

The grievance of the petitioner is that inspite of pendency

of a civil litigation between the petitioner and the fourth respondent, a

decision has been taken by the District Revenue Officer, Kanyakumari

District.

2.The learned counsel appearing for the petitioner by

referring the order of this Court in WP(MD) No.21314 of 2017 submits

that as per Rule 4(4) of the Tamil Nadu Patta Pass Book Rules, 1987,

the revenue officials are not the competent authority to decide the issue

with regard to the title of the property pending civil litigation between

the parties. According to the learned counsel, the fourth respondent has

https://www.mhc.tn.gov.in/judis WP(MD)No.19101 of 2023

filed a civil suit before the District Munsif Court in OS No.215 of 2008

and the same was decreed in favour of him. However, an appeal has

been filed before the Sub Court, Kulithurai in AS No.8 of 2019 and the

same is pending, when the order impugned in this writ petition has

been passed by the District Revenue Officer. The learned counsel

requests this Court to issue a direction to the first Appellate Court to

dispose of the appeal suit within a stipulated time.

3.Mr.G.V.Vairam Santhosh, learned Additional

Government Pleader, who takes notice for the respondents 1 to 3

submits that the District Revenue Officer has passed the order based on

the materials placed before him.

4.Heard the learned counsel on either side. Since no

adverse order is going to be passed as against the fourth respondent,

notice to the fourth respondent is dispensed with.

https://www.mhc.tn.gov.in/judis WP(MD)No.19101 of 2023

5.The District Revenue Officer appears to have taken a

decision, based on a civil court decree, which has been obtained by the

fourth respondent herein. Though this petitioner has preferred an

appeal before the Sub Court, Kulithurai as against the Judgment and

decree passed in O.S.No.215 of 2008, he has not obtained any interim

order of stay from the first Appellate Court. Therefore, this Court is not

inclined to entertain this writ petition. At the same time, considering

the request of the petitioner's counsel, a direction is hereby issued to

the Sub Court, Kulithurai to dispose of the appeal suit in AS No.8 of

2019 as expeditiously as possible, preferably within a period of five

months from the date of receipt of a copy of this order. Accordingly,

this writ petition is disposed of. No costs. Consequently, connected

Miscellaneous Petitions are closed.

07.08.2023 NCC : Yes / No. Index : Yes / No. Internet : Yes vrn

https://www.mhc.tn.gov.in/judis WP(MD)No.19101 of 2023

To

1.The District Revenue Officer, Nagercoil, Kanyakumari District.

2.The Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

3.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

https://www.mhc.tn.gov.in/judis WP(MD)No.19101 of 2023

B.PUGALENDHI, J.

vrn

Order made in WP.(MD).No.19101 of 2023 and WMP(MD) Nos.15845 & 15848 of 2023

07.08.2023

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