Madras High Court
R.Pruushothaman vs The State Of Tamil Nadu on 26 June, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.18625 of 2023
and
W.M.P.Nos.17865 to 17867 of 2023
1.R.Pruushothaman
2.R.Janarthanan ... Petitioners
vs.
1.The State of Tamil Nadu
represented by its Secretary to Government
Revenue Department
Fort Sst. George, Chennai 600 009.
2.The Special Commissioner and
Commissioner for Revenue Administration
Ezhilagam, Chepauk,
Chennai 600 005.
3.The District Collector
Tirupur District.
4.The District Revenue Officer
Tirupur District.
5.The District Surveyor
O/o.the District Collectorate
Tirupur District.
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2
6.The Village Administrative Officer
Ponnapuram Village, Dharapuram Taluk
Tirupur District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus to call for the
records on the file of the 4th Respondent in connection with the
order passed by him in his proceedings Pa.Mu.06536/2022/J1 dated
27.10.2022 and quash the same and direct the Respondents 2 to 4 to
reconsider the case of the Petitioners for cancellation of Patta
Nos.539 (SF No.1153/3C2), 536 (SF No.1153/3A2), 474 (SF
No.1153/3C1) & 242 (SF No.1153/3A1) in Ponnapuram Village,
Dharapuram Taluk, Tiruppur District and for resurvey and subdivision
of Petitioner's lands as per the registered original partition deed
Doc.No.2031/1958 dated 19.07.1958 and consequently issue
individual patta for the same.
For Petitioner : Mr.S.Selva Thirumurugan
For Respondents : Mr.S.Ravichandran
Additional Government Pleader
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3
ORDER
This writ petition has been filed challenging the
proceedings of the 4th respondent dated 27.10.2022 and for a
consequential direction to the respondents to resurvey and sub-
divide the subject lands and to issue new patta.
2. Heard Mr.S.Selva Thirumurugan, learned
counsel for the petitioner and MR.S.Ravichandran, learned Additional
Government Pleader for respondents.
3. The petitioners are claiming a right and title
over the subject property by virtue of partition deed dated
19.07.1958 registered as document No.2031 of 1958. The grievance
of the petitioners is that the entire extent of 15.38 acres was settled
in favour of the mother of the petitioners through a settlement deed
dated 20.03.1959. Thereafter, the petitioners have become absolute
owners of the subject property.
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4. The further case of the petitioners is that
during the UDR survey that was done during the year 1979 to 1987,
the lands were further sub-divided and there was a mistake
committed. As a result, the holdings of the petitioners was reduced
and in SF No.1153/3A2, the petitioners lost nearly 0.26 acres in
SF.No.1153/BC2, the petitioners lost nearly 1.13 acres.
5. The petitioners aggrieved by the same,
submitted an application to the 4th respondent to sub-divide and
resurvey and thereafter to re-issue individual patta by taking into
consideration the original title deed viz., Partition deed dated
19.07.1958. Since the same was not considered, the petitioner
approached this Court and filed WP No.25076 of 2022. This writ
petition was disposed of by an order dated 02.11.2022 since by then,
the representation made by the petitioners was rejected and the
petitioners were given liberty to work out their remedy against the
order passed by the 4th respondent. It is under these circumstances,
the present writ petition has been filed before this Court.
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6. This Court carefully went through the order
passed by the 4th respondent. It is seen that the 4th respondent was
pitted with two rival claims based on documents registered as
document No.2031 of 1958 relied upon by the petitioner and the
documents that were relied upon by the rival claimants. Insofar as
the rival claimant is concerned, one Kanagaraj had already
purchased the property and was in possession and enjoyment of an
extent of 6.48 acres in SF No.1153/3C. Since the claim was made by
the petitioners, he had also filed a suit seeking for the relief of
declaration and other consequential reliefs before the District Munsif
Court, Dharapuram and the same is pending in O.S.No.412 of 2014.
The petitioners are also parties in this suit. Keeping all this in mind,
the 4th respondent came to a conclusion that the dispute involved
can be resolved only before the competent Civil Court. Accordingly,
the application submitted by the petitioners was rejected.
7. This Court does not find any illegality in the
proceedings of the 4th respondent. The 4th respondent has assigned
proper reasons as to why the claim made by the petitioner cannot be
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gone into in the application submitted by the petitioner and that the
same can only be resolved by a competent Civil Court. In any case,
there is already a suit pending in O.S.No.412 of 2014 before the
concerned Civil Court. Hence, the parties can always agitate their
rights in the pending suit. Accordingly, this Court does not want to
interfere with the proceedings of the 4th respondent.
8. It is left open to the petitioners to make their
claim in the pending suit in O.S.No.412 of 2014 pending before the
District Munsif Court, Dharapuram and the Civil Court shall deal with
the rival claims on its own merits and in accordance with law and
shall pass a final judgment. Since the suit has been pending from the
year 2014, there shall be a direction to the District Munsif Court,
Dharapuram, to dispose of O.S.No.412 of 2014 within a period of six
months from the date of receipt of a copy of this order. Except giving
this direction, no further orders can be passed in this writ petition.
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9. This writ petition is disposed of in the above
terms. No costs. Consequently, the connected miscellaneous
petitions are closed.
26.06.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
rka
To
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1.The Secretary to Government
State of Tamil Nadu
Revenue Department
Fort Sst. George, Chennai 600 009.
2.The Special Commissioner and
Commissioner for Revenue Administration
Ezhilagam, Chepauk,
Chennai 600 005.
3.The District Collector
Tirupur District.
4.The District Revenue Officer
Tirupur District.
5.The District Surveyor
O/o.the District Collectorate
Tirupur District.
6.The Village Administrative Officer
Ponnapuram Village, Dharapuram Taluk
Tirupur District.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
rka
W.P No.18625 of 2023
26.06.2023
https://www.mhc.tn.gov.in/judis
