Madras High Court
A.Mohamed Ashique Mustafa vs The District Revenue Officer on 3 January, 2023
WP(MD)Nos.15983, 19873 and 19874 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD)Nos.15983, 19873 and 19874 of 2013
and
M.P.(MD)Nos.1,1,1,2,2 and 2 of 2013
W.P.(MD)No.15983 of 2013
A.Mohamed Ashique Mustafa ... Petitioner
/vs/
1.The District Revenue Officer,
O/o.The District Revenue Officer,
Madurai District,
Madurai.
2.The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Collectorate, Madurai.
3.The Tahsildar,
Madurai North Taluk Office,
Collectorate, Madurai.
4.The Sub-Registrar,
O/o. The Thamaraipatti Sub-Registrar,
Thirumogur Road,
Y.Othakadai, Madurai.
5.Ramasubramanian
1/10
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
6.Raja Mannar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus to call for the records in pursuant to
the impugned order passed by the first respondent in pursuant to the impugned
order passed by the first respondent in Revision Petition No.28969/2010/G2 dated
06.02.2013 and quash the same and consequently direct the respondents 1 to 3 to
consider the petitioner's sale deed and other documents under Tamil Nadu patta
pass Book Act and to issue Patta in Petitioner's name in respect of the property
situated in old S.No.115/5, R.S.No.47/5 in Kadachanenthal Village, Narasingam
III pit, Madurai North Taluk, Madurai District to an extent of 2 Acres 85 cents.
For Petitioner : Mr.M.Saravanakumar
For R1 to R4 : Mr.N.Sathis Kumar
Additional Government Pleader
For R5 and R6 : Mr.K.P.Thiyagarajan
W.P.(MD)No.19873 of 2013
1.V.Soma Sundaram Pillai (died)
2.S.Mayilvaganan
3.S.Kannan ... Petitioner
(Petitioners 2 and 3 are substituted vide
Court order dated 19.10.2022 in
W.M.P.(MD)No.18283 of 2022)
/vs/
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
1.The District Revenue Officer,
O/o.The District Revenue Officer,
Madurai District,
Madurai.
2.The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Collectorate, Madurai.
3.The Tahsildar,
Madurai North Taluk Office,
Collectorate, Madurai.
4.The Sub-Registrar,
O/o. The Thamaraipatti Sub-Registrar,
Thirumogur Road,
Y.Othakadai, Madurai.
5.S.Nadarajan
6.Baskar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus to call for the records in pursuant to
the impugned order passed by the first respondent in Revision Petition No.
27403/2010/G2 dated 06.02.2013 and quash the same and consequently direct the
respondents to issue patta in Petitioner's name in respect of the property situated
in R.S.No.46/6, 47/5, 47/6A, 47/6B, 25/3, 33/7, 5/2A1, 5/2A2, 5/2B, 19/17A,
16/2, 19/4, 46/7 and 11/5, Kadachanenthal Village, Narasingam III Bit, Madurai
North Taluk, Madurai District.
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
For Petitioner : Mr.M.Saravanakumar
For R1 to R4 : Mr.N.Sathis Kumar
Additional Government Pleader
For R5 and R6 : Mr.D.Anbarasu
W.P.(MD)No.19874 of 2013
1.V.Soma Sundaram Pillai (died)
2.S.Mayilvaganan
3.S.Kannan ... Petitioner
(Petitioners 2 and 3 are substituted vide
Court order dated 19.10.2022 in
W.M.P.(MD)No.18283 of 2022)
/vs/
1.The District Revenue Officer,
O/o.The District Revenue Officer,
Madurai District,
Madurai.
2.The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Collectorate, Madurai.
3.The Tahsildar,
Madurai North Taluk Office,
Collectorate, Madurai.
4.The Sub-Registrar,
O/o. The Thamaraipatti Sub-Registrar,
Thirumogur Road,
Y.Othakadai, Madurai.
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
5.Xavier Sundaram
W/o.M.L.Sundaram
6.K.Bhuvanenthiran
7.Meharunishi Begum
8.Kadar Mohideen
9.K.Nowshad Begum
10.K.Bahurudeen
11.K.Munavardeen
12.K.Nazira Begum
13.Annalakshmi
(Respondents 7 to 12 are impleaded vide
Court order dated 19.10.2022 in
W.M.P.(MD)No.6019 of 2022)
(Respondent No.13 is substituted vide
Court order dated 06.12.2022 in
W.M.P.(MD)No.20834 of 2022)
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus to call for the records in pursuant to
the impugned order passed by the first respondent in Revision Petition No.
43882/2008/G2 dated 06.02.2013 and quash the same so far as the petitioner is
concerned and consequently direct the respondents to issue patta in Petitioner's
name in respect of the property situated in R.S.No.46/6, 47/5, 47/6A, 47/6B, 25/3,
33/7, 5/2A1, 5/2A2, 5/2B, 19/17A, 16/2, 19/4, 46/7 and 11/5, Kadachanenthal
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
Village, Narasingam III Bit, Madurai North Taluk, Madurai District.
For Petitioner : Mr.M.Saravanakumar
For R1 to R4 : Mr.N.Sathis Kumar
Additional Government Pleader
For R5 and R6 : Mr.D.Anbarasu
For R7 to R12 : Mr.Thiruvarutselvan
COMMON ORDER
These Writ Petitions have been filed challenging the order of the first
respondent dated 06.02.2013, confirming the order passed by the second
respondent dated 07.03.2008.
2.The case of the petitioner is that the land in old S.No.115/5 and R.S.No.
47/5 in Kadachanenthal Village, Narasingam III pit, Madurai North Taluk,
Madurai District, belong to one Somasundaram - the petitioner and thirteen others
and that his father had purchased the same from them by a registered sale deed in
document No.1508/2005 and that from the date of purchase they have been in
possession of the property. As there were some interference in the enjoyment, the
petitioners initiated a suit in O.S.No.150 of 1998 on the file of the District
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
Munsif, Melur. The said suit was decreed as ex-parte by a judgment and decree
dated 29.11.2001. Pursuant to the same, he had approached the third respondent
herein who had issued patta in the name of the petitioner. Thereafter, the
respondents 5 and 6 herein, aggrieved against the same, had preferred an appeal
before the Revenue Divisional Officer(RDO) and the RDO erroneously cancelled
the patta issued in favour of the petitioners. Against which the petitioners had
preferred an appeal to the first respondent who had also confirmed the order
passed by the RDO. Therefore, the present writ petition.
3.Countering his argument, the learned counsel appearing on behalf of the
respondents 5 and 6 would submit that the ex-parte decree passed by the
judgment dated 29.11.2001 has been set aside on application made by them and
subsequently after trial, the said suit has been dismissed on merits on 04.06.2018
and the petitioner had also filed an first appeal suit in A.S.No.113 of 2018 on the
file of the Subordinate Court, Melur and the same is pending adjudication.
4.In view of the aforesaid pendency of civil proceedings as to the title of
the property, the orders passed by the Tahsildar in RPR No.2722/2001-2002 and
the orders passed by the second respondent dated 07.03.2008 and the first
respondent dated 06.02.2013 shall be kept in abeyance pending A.S.No.113 of
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
2018 on the file of the Subordinate Court, Melur. After conclusion of the civil
proceedings between the parties, they are at liberty to approach the revenue
authorities for mutation of revenue records in consonance with the order passed in
the same.
5.With the above direction, these Writ Petitions are disposed of.
Consequently, connected miscellaneous petitions are closed. No costs.
03.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
pnn
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
To
1.The District Revenue Officer,
O/o.The District Revenue Officer,
Madurai District,
Madurai.
2.The Revenue Divisional Officer,
O/o. The Revenue Divisional Officer,
Collectorate, Madurai.
3.The Tahsildar,
Madurai North Taluk Office,
Collectorate, Madurai.
4.The Sub-Registrar,
O/o. The Thamaraipatti Sub-Registrar,
Thirumogur Road,
Y.Othakadai, Madurai.
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.15983, 19873 and 19874 of 2013
K.KUMARESH BABU, J.
pnn
Order made in
W.P.(MD)Nos.15983, 19873 and 19874 of 2013
and
M.P.(MD)Nos.1,1,1,2,2 and 2 of 2013
03.01.2023
https://www.mhc.tn.gov.in/judis
