Madras High Court
G.Mohandass vs The District Revenue Officer on 5 January, 2023
W.P(MD)No.16960 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.16960 of 2021
and
W.M.P(MD)No.13895 of 2021
G.Mohandass ... Petitioner
Vs
1.The District Revenue Officer,
Thanjavur,
Thanjavur District.
2.The Revenue Divisional Officer (Orathanadu),
Thanjavur,
Thanjavur District.
3.The Tahsildar,
Orathanadu Taluk Office,
Orathanadu,
Thanjavur District.
4.Mala
5.Muthuvel
6.Murugavel ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the second respondent to
consider the petitioner's representation dated 30.10.2020 and further to restore
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.16960 of 2021
the patta, namely, Patta No.198 on the file of the third respondent to the
petitioner's name, in respect of the Nanjai land measuring Acre 1.50 cents
situated at Survey No.13/3, Muthambalpuram revenue Village, Orathanadu
Taluk, Thanjavur District after deleting Patta No.1340 in the names of
respondents 4 to 6 in respect of the said property, within a stipulated period of
time as this Court.
For Petitioner : Mr.D.Gnanasekaran
For Respondents : Mrs.S.Jeyapriya
Government Advocate for R.1 to R.3
Mr.R.Ghireedharan for R.4 to R.6
ORDER
Heard the learned counsel on either side.
2.The property in question belonged to one Muthusamy Naidu. The said
Muthusamy Naidu was blessed with three daughters and one son by name
Govindarajulu. The writ petitioner was born to the first daughter of
Muthusamy Naidu. The private respondents are children of Govindarajulu.
The petitioner's patta in respect of the petition mentioned property is presently
standing in the name of the private respondents. The petitioner wants this
Court to direct the authority to cancel the said patta and restore the earlier
position.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16960 of 2021
3.As rightly pointed out by the learned counsel appearing for the private
respondents, this request cannot be accepted. This is for more than one reason.
The petitioner had already filed W.P(MD)No.10114 of 2011 before this Court.
Vide order dated 14.09.2016, the writ petition was dismissed and liberty was
given to him to approach the civil Court to establish his title. It is necessary to
note here that in the earlier case also the issue was mutation of patta. The
petitioner availing the said liberty, filed O.S.No.3 of 2013 on the file of District
Munsif Court, Orathanadu. The petitioner sought the relief of declaration as
well as permanent injunction. The trial Court dismissed the suit on 31.10.2014.
Aggrieved by the same, the petitioner filed A.S.No.2 of 2015 before the Sub
Court, Pattukottai. The first appellate Court disallowed the prayer regarding
declaration. It however confirmed that the petitioner is in possession of the
property. Liberty was given to the respondents to take recourse to due process
of law for securing possession from the writ petitioner. Aggrieved by the same,
the private respondents herein filed S.A(MD)No.561 of 2017. The judgment
and decree dated 08.01.2018 passed by the Sub Court, Pattukottai was
confirmed and the second appeal came to be dismissed.
4.Contending that in the light of these subsequent developments, the
patta mutated in favour of the private respondents should be cancelled, the
present writ petition has been filed.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16960 of 2021
5.The subsequent developments in my view do not advance the case of
the writ petitioner. The prayer of the petitioner in the earlier round of litigation
was also for transfer of patta in his favour. The petitioner was given liberty to
move the jurisdictional civil Court for establishing his title. The petitioner
could not succeed before the trial Court as well as the first appeallate Court.
Only when the petitioner succeeds in estalishing his title over the property, the
petitioner can ask for consequential transfer of patta in his favour. This is
because as per Patta Passbook Act, one who possesses patta is prima facie
holding title also.
6.The next question that arises for consideration is whether on the
strenght of his current possession he is entitled to patta. The first appellate
Court has not held that the petitioner is entitled to possession. It has only
recognised his present possession but the charachter of the possession is
tentative. The defendants have been given liberty to secure possession from the
petitioner by due process of law. Such a person in my view is not entitled to
patta.
7. Of course,there is some merit in the contention of the learned counsel
appearing for the petitioner that on the strength of an unregistered Will patta
should not have been mutated. The learned counsel placed reliance on the
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16960 of 2021
decision of the Hon'ble Apex Court rendered in Special Leave Petition (C) No.
13146 of 2021 (Jitendra Singh Vs State of Madhya Pradesh & Others) dated
06.09.2021. But this issue had already been dealt with in the earlier round of
litigation. On the strength of this decision of the Hon'ble Apex Court, I cannot
revisit the issue. Once the issue has been decided, even if there is a change in
the legal position, still the Court cannot revisit the issue. Otherwise settled
matters can be unsettled at any point of time. Though the technical principles
of res judicata are not applicable to writ proceedings, still, the spirit behind the
same cannot be lost sight of. The learned counsel appearing for the petitioner
states that he had filed independent second appeal challenging the judgment
and decree of the first appellate Court. If that be so, the rights of the parties
will abide by the outcome of such second appeal.
8.With this observation, this writ petition is dismissed. There shall be no
order as to costs. Consequently, connected miscellaneous petition is closed.
05.01.2023
Index : Yes / No
Internet : Yes/ No
NCC : Yes / No
MGA
https://www.mhc.tn.gov.in/judis
W.P(MD)No.16960 of 2021
G.R.SWAMINATHAN, J.
MGA
To
1.The District Revenue Officer,
Thanjavur,
Thanjavur District.
2.The Revenue Divisional Officer (Orathanadu),
Thanjavur,
Thanjavur District.
3.The Tahsildar,
Orathanadu Taluk Office,
Orathanadu,
Thanjavur District.
W.P.(MD)No.16960 of 2021
and
W.M.P(MD)No.13895 of 2021
05.01.2023
https://www.mhc.tn.gov.in/judis
