Madras High Court
Pramoth Sankar vs The District Revenue Officer on 22 June, 2023
WP(MD)Nos.10893 of 2016, etc., batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)Nos.10893, 19795, 19796 of 2016, 12096 of 2021
and
WMP(MD)Nos.8434, 14291 to 14293 of 2016,
9504, 11096, 11097 of 2021, 14781, 14806 of 2022
WP(MD)No.10893 of 2016:-
Pramoth Sankar ... Petitioner
v.
1.The District Revenue Officer,
Virudhunagar,
Virudhunagar District.
2.The Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
3.The Tahsildar,
Sivakasi,
Virudhunagar District.
4.The Deputy Tahsildar,
Sivakasi Taluk,
Virudhunagar District.
1/10
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
5.The Village Administrative Officer,
Anaiyur Village,
Sivakasi Taluk.
6.Anantharaja
7.Munisamy ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus forbearing the respondents 2 & 5
from issuing patta in respect of the property situated in S.No.28/2D/2
measuring 0.67.0 hectares of Anaiyoor Village in Sivakasi Taluk of
Virudhunagar District in the name of the respondents 6 & 7 pending disposal
of the suit in O.S.No.88 of 2014 on the file of the District Munsif Court,
Sivakasi.
For Petitioner : Mr.G.Mariappan
For Respondents : Mr.P.T.Thiraviam,
Government Advocate
for R.1 to R.5
Mr.Lakshmi Gopinathan
for M/s.Polex Legal Solution
for R.6, R.7
*****
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
WP(MD)Nos.19795, 19796 of 2016:-
Anantharaja ... Petitioner in WP(MD)19795/2016
M.Muniasamy ... Petitioner in WP(MD)19796/2016
v.
1.The District Revenue Officer,
Virudhunagar,
Virudhunagar District.
2.The Revenue Divisional Officer,
Sivakasi Taluk,
Virudhunagar District.
3.The Tahsildar,
Sivakasi Taluk,
Virudhunagar District.
4.Pramoth Sankar ... Respondents in both WPs
COMMON PRAYER: Writ Petitions filed under Article 226 of the
Constitution of India seeking issuance of a Writ of Certiorarified Mandamus
calling for the records of the first respondent in Na.Ka.A2/5945/2016 dated
28.09.2016 and quash the same and consequently, directing the respondents 1
to 3 to pass orders in respect of the patta entries with regard to the land in
S.No.28/2D2 of Ananiyur Village, after the judgment and decree passed by
the civil Court in O.S.No.172/2016 on the file of the District Munsif Court,
Sivakasi.
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
For Petitioners : Mr.Lakshmi Gopinathan
for M/s.Polex Legal Solution
For Respondents : Mr.P.T.Thiraviam,
Government Advocate
for R.1 to R.3
Mr.G.Mariappan for R.4
*****
WP(MD)No.10893 of 2016:-
A.Pramod Sankar ... Petitioner
v.
1.The Superintending Engineer,
TANGEDCO,
Virudhunagar Distribution System,
Virudhunagar.
2.The Junior Engineer,
Sub Station,
Satchiyapuram,
TANGEDCO, Sivakasi,
Virudhunagar District.
3.Anandha Raj ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the records
of the impugned show cause notice issued by the second respondent vide
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
f.vz;.nkpbgh/Jkpep/rpt/Bfh.M.f/m.vz;.191 dated 09.07.2021 and quash the same
as illegal and consequently, directing the respondents 1 & 2 to consider the
petitioner's representation dated 07.07.2021.
For Petitioner : Mr.G.Mariappan
For Respondents : Mr.S.Deenadhayalan,
Standing Counsel for R.1, R.2
Mr.Lakshmi Gopinathan
for M/s.Polex Legal Solution
for R.3
*****
COMMON ORDER
All these writ petitions are filed with regard to the title of the property
in S.No.28/2D/2 of Anaiyoor Village, Sivakasi Taluk. Therefore, all of them
are heard together and are disposed of by way of this common order.
2.WP(MD)Nos.10893 of 2016 & 12096 of 2021 are filed by one
Pramod Sankar claiming to be the grandson of one Meenambal, who got right
over the property based on a Will executed by Meenambal. The case of
Pramod Sankar is that the property in S.No.28/2D/2 originally belonged to
one Mariammal and the said Mariammal, by way of a registered sale deed
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
dated 06.04.1968, transferred her rights to Pramod Sankar's grandmother,
Meenambal and one Visalakshi, in respect of the subject property and other
properties. Meenambal and Visalakshi are sisters and they had a partition
among themselves on 20.02.1984 and as per the partition, this land in S.No.
28/2D/2 has been allotted to Meenambal. Through Meenambal, by a Will
dated 15.05.2000, Pramod Sankar got the property.
3.However, one Muniasamy and Anantharaja have obtained some
properties including the properties in S.No.28/2D/2 from Mariammal in the
year 2011 by way of six sale deeds and have also got the patta transferred in
their names. Knowing that the pattas have been transferred, Pramod Sankar,
in the strength of the Will dated 06.04.1968, has approached the Tahsildar.
The Tahsildar has also cancelled the patta which was granted in favour of
Muniasamy and Anantharaja. As against that order, Muniasamy and
Anantharaja have preferred appeals before the Revenue Divisional Officer
and this prompted Promod Sankar to file WP(MD)No.10893 of 2016, for a
mandamus forbearing the respondents from issuing patta.
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
4.In the meantime, the Revenue Divisional Officer has passed orders on
the appeal preferred by Muniasamy and Anantharaja setting aside the orders
passed by the Tahsildar and the patta was transferred in the names of
Muniasamy and Anantharaja. As against the same, Pramod Sankar filed a
revision before the District Revenue Officer. Pending the revision,
Muniasamy and Anantharaja have filed WP(MD)Nos.19795 & 19796 of 2016
restraining the officials from proceeding with the revision that they have
already filed a suit in O.S.No.88 of 2014 and that Pramod Sankar has also
filed a suit in O.S.No.172 of 2016 before the District Munsif Court, Sivakasi.
5.On the objections raised by Muniasamy and Anantharaja, the Tamil
Nadu Electricity Board has issued a show cause notice to Pramod Sankar to
cancel the service connection in respect of the subject property, which stands
in his name and as against the same, Pramod Sankar filed WP(MD)No.12096
of 2021.
6.Heard the arguments advanced by the learned Counsel on either side
and perused the available materials.
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
7.Civil suits are pending with regard to the right over the subject
property between Pramod Sankar and party on the one side and Muniasamy
and Anantharaja and party on the other side. Muniasamy and Anantharaja
have filed O.S.No.88 of 2014 before the District Munsif Court, Sivakasi that
the subject property belong to them in view of the document dated
25.04.2011. Similar suit has also been filed by Pramod Sankar and others in
O.S.No.172 of 2016 for a declaration and injunction, based on the Will dated
15.05.2000.
8.Both the suits are pending before the District Munsif Court, Sivakasi
and it is reported that the plaintiffs' side evidence have been completed and
the suits are pending at the stage of defendants' side evidence.
9.Considering that the issue is now pending before the competent civil
Court, these writ petitions are disposed of with liberty to the parties to work
out their remedy with the civil suits pending in O.S.No.88 of 2014 and
O.S.No.172 of 2016. Considering that the suits were filed in the year 2014
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
and 2016, respectively and the fact that the suits are now at the stage of
defendants' evidence, there shall be a direction to the learned District Munsif,
Sivakasi, to tag the suits in O.S.No.88 of 2014 & O.S.No.172 of 2016
together and to dispose of the same, as expeditiously as possible, preferably
within a period of four months from the date of receipt of a copy of this order.
Till such time, the parties shall not alienate the subject property and they shall
maintain status-quo. The parties are not expected to take any advantage on
the patta already issued and the learned District Munsif shall decide the suits,
on its merits, uninfluenced by any of the orders passed by the revenue
officials.
There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
Index : Yes / No 22.06.2023
NCC : Yes / No
gk
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.10893 of 2016, etc., batch
B.PUGALENDHI, J.
gk
To
1.The District Revenue Officer,
Virudhunagar,
Virudhunagar District.
2.The Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
3.The Tahsildar,
Sivakasi,
Virudhunagar District.
4.The Deputy Tahsildar,
Sivakasi Taluk,
Virudhunagar District.
5.The Village Administrative Officer,
Anaiyur Village,
Sivakasi Taluk.
WP(MD)Nos.10893, 19795, 19796 of 2016,
12096 of 2021
22.06.2023
https://www.mhc.tn.gov.in/judis
