Madras High Court
Selvarani vs The District Collector on 8 August, 2023
W.P(MD)No.16293 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.16293 of 2015
and
M.P(MD)No.1 of 2015
Selvarani ... Petitioner
Vs
1.The District Collector,
Sivagangai District.
2.The Revenue Divisional Officer,
Devakottai.
3.The Tahsildar,
Karaikudi Taluk,
Karaikudi.
4.Murugesan ... 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 mutation of patta by the third respondent in favour of
the fourth respondent in Patta No.2231 from the name of the petitioner and
quash the same and consequently directing the respondents 1 to 3 to restore the
properties comprised in S.Nos. 185/1 and 185/2, Sannavanam Village,
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1/5
W.P(MD)No.16293 of 2015
Karaikudi Taluk, Sivaganga District to the Patta No.820 in the name of the
petitioner.
For Petitioner : Mr.S.Manikandan
for Mr.R.Sundar Srinivasan
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
for R.1 to R.3
Mr.S.Krishnan
for Mr.A.Muralikumar for R.4
ORDER
Heard both sides.
2. The petitioner's name was reflected in the revenue record as pattadhar
in respect of the petition mentioned properties. Without putting the petitioner
on notice, it was cancelled by the impugned proceedings. Challenging the
same, the present writ petition came to be filed.
3. It is beyond dispute that the impugned order has been passed in
violation of the principles of natural justice. On this ground it is liable to be set
aside. It is accordingly set aside.
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W.P(MD)No.16293 of 2015
4. The learned counsel appearing for the contesting respondent
submitted that the petitioner filed O.S.No.92 of 2011 on the file of Principal
District Munsif Court, Karaikudi seeking relief of declaration and permanent
injunction. The fourth respondent herein figured as the first defendant in the
suit. The suit was dismissed vide judgment and decree dated 30.10.2012.
Aggrieved by the same, the petitioner filed A.S.No.35 of 2012 on the file of
Sub Court, Devakottai. The first appellate Court dismissed the appeal on
11.01.2013. However, the matter is presently pending S.A(MD)No.226 of
2013. An interim injunction was granted for the petitioner on 28.03.2013 in
M.P(MD)No.1 of 2013. As rightly pointed out by the learned counsel
appearing for the fourth respondent, what was granted by this Court is only an
order of interim injunction. The judgments passed by the Court's below have
not been stayed. Therefore, the finding that the signature attributed to the
father of the fourth respondent is a piece of forgery still holds good.
5. From a reading of the materials on record, I am satisfied that the
petitioner had purchased not from all the legal heirs of the original pattadhars
but only from some of them. This is of course subject to the outcome of
S.A(MD)No.226 of 2013 and this finding of fine is only a tentative observation
based on the present findings holding the field. Though the mutation appears to
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W.P(MD)No.16293 of 2015
have been made by the third respondent, the matter is remitted to the file of the
second respondent. The petitioner is permitted to file a fresh petition before the
Revenue Divisional Officer, Devakottai. The Revenue Divisional Officer,
Devakottai shall issue notice to all the stake holders and contesting parties and
pass final order on merits and in accordance with law within a period of twelve
weeks after the petitioner files an appeal. I make it clear that I have not gone
into the merits of the matter.
6. This writ petition is allowed on these terms. There shall be no order as
to costs. Consequently, connected miscellaneous petition is closed.
08.08.2023
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
MGA
To
1.The District Collector,
Sivagangai District.
2.The Revenue Divisional Officer,
Devakottai.
3.The Tahsildar,
Karaikudi Taluk,
Karaikudi.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16293 of 2015
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.16293 of 2015
and
M.P(MD)No.1 of 2015
08.08.2023
https://www.mhc.tn.gov.in/judis
