K.Shanmukhasundaram vs The District Revenue Officer-Cum
2023 Latest Caselaw 234 Mad

                                                                                     W.A.No.2703 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 04.01.2023

                                                         CORAM :

                          THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
                                              AND
                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                  W.A.No.2703 of 2022
                                               and C.M.P.No.21976 of 2022

                    K.Shanmukhasundaram                             .. Appellant

                                                           Versus

                    1. The District Revenue Officer-cum-
                       Additional Executive Magistrate,
                       Coimbatore.

                    2. The Sub-Collector,
                       Pollachi,
                       Coimbatore District.

                    3. V.S.Baba Ramesh                              .. Respondents

                    Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the
                    order, dated 08.07.2022 in W.P.No.2412 of 2020.

                                     For Appellant      : Mr.C.Iyyapparaj

                                     For Respondents : Mr.P.Muthukumar,
                                                 State Government Pleader
                                                 for RR-1 and 2


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

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                                                                     W.A.No.2703 of 2022


                                  : Mr.P.Saravana Sowmiyan, for R3




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

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                                                                                    W.A.No.2703 of 2022


                                       JUDGMENT

D.BHARATHA CHAKRAVARTHY, J.

This Writ Appeal is filed aggrieved by the order of the learned Single

Judge, dismissing the Writ Petition, in and by which, the appellant

challenged an order of transfer of patta.

2. On a perusal of the affidavit filed in support of the Writ Petition

and material records of the case and upon hearing the learned Counsel for

the appellant, it can be seen that the appellant claimed right over the

property as an agreement holder. However, his suit, for specific

performance, in O.S.No.206 of 2010 on the file of the Sub Court, Pollachi,

is dismissed and an Appeal Suit, in A.S.No.111 of 2018, on the file of the I

Additional District Court, Coimbatore, is pending. Similarly, the appellant

also claims to be a cultivating tenant in respect of the property. Even

though records of filing of a petition on 16.08.2011 is produced, even after

lapse of more than 10 years, no order whatsoever relating to record of

tenancy is also produced. Therefore, as on date, the appellant is not able to

canvass any right in respect of the subject matter property and therefore, the

learned Single Judge has rightly rejected the Writ Petition challenging the

transfer of patta in respect of the property. https://www.mhc.tn.gov.in/judis

W.A.No.2703 of 2022

3. Accordingly, finding no merits, this Writ Appeal stands dismissed.

However, there shall be no order as to costs. Consequently, the connected

miscellaneous petition is closed.

                                                  (T.R., ACJ.)       (D.B.C., J.)
                                                          04.01.2023
                    Index : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

1. The District Revenue Officer-cum- Additional Executive Magistrate, Coimbatore.

2. The Sub-Collector, Pollachi, Coimbatore District.

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

W.A.No.2703 of 2022

T.RAJA, ACJ., AND D.BHARATHA CHAKRAVARTHY, J.,

grs

W.A.No.2703 of 2022 and C.M.P.No.21976 of 2022

04.01.2023

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