Madras High Court
K.Pavadai Kandapillai vs The District Revenue Officer on 10 March, 2023
WP(MD)No.20601/2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.20601/2014 &
MP(MD)No.1/2014
K.Pavadai Kandapillai ...Petitioner
Vs
1.The District Revenue Officer,
Pudukkottai
2.The Revenue Divisional Officer,
Aranthangi
3.The Tahsildar,
Aranthangi
4.S.Rajendran ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus calling for the records
relating to the impugned order of the first respondent in Nee.Mu.No.
4.228/08/o7 dated 25.11.2014 and quash the same and consequently
direct the respondents to restore the entries in the revenue records in
respect of the land in S.No.217/4E Mookkudi Village, Aranthangi Taluk,
Pudukottai District to the petitioner's name as per the Civil Court
Judgment and Decree in OS.No.203/1998 on the file of the District
Munsif Court, Aranthangi.
1/6
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WP(MD)No.20601/2014
For Petitioner : Mr.P.Thiagarajan
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
for R1 to R3
Mr.S.Ramanathan for R4
ORDER
This Writ Petition is filed as against the orders of the District
Revenue Officer confirming the orders of the Revenue Divisional Officer
in cancelling the patta issued by the Tahsildar in favour of the petitioner.
2. The learned counsel appearing for the petitioner submits that the
Tahsildar has issued patta in favour of this petitioner based on the
Judgment and Decree obtained by him in OS.No.203/1998 on the file of
District Munsif Court, Aranthangi. The Revenue Divisional Officer has
set aside the order of the Tahsildar, by recording that it is only an ex-
parte decree and the fourth respondent, who is the subsequent purchaser
of the property, is not a party to the suit. Aggrieved over the same, this
petitioner filed a review petition before the District Revenue Officer and
the petition was dismissed by confirming the orders of the Revenue
Divisional Officer.
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WP(MD)No.20601/2014
3. The fourth respondent is the purchaser of the property from one
Kuppammal, the sister of this petitioner. The petitioner has already filed
a suit in OS.No.203/1998 on the file of District Munsif Court, Aranthangi
as against Kuppammal. Since Kuppammal died on 17.08.2002, her son,
namely, Anbazhagan was impleaded as her legal representative. Since
there was no representation on their side, an ex-parte decree came to be
passed in favour of this petitioner. This petitioner claims right over the
property based on a will. Since, the suit was decreed ex-parte, the
Revenue Divisional Officer and the District Revenue Officer cancelled
the patta issued by the Tahsildar.
4. This writ petition was filed in the year 2014. Considering the
fact that the fourth respondent has purchased the property from
Kuppammal, who is the defendant in the suit and that the suit was
decreed ex-parte and that the Tahsildar has issued patta in favour of this
petitioner based on the ex-parte decree, this writ petition is disposed of
with a liberty to the fourth respondent to file a suit before the appropriate
Civil Court to establish his right. Till such time, the order passed by the
District Revenue Officer confirming the orders of the Revenue
Divisional Officer shall be kept in abeyance and this petitioner shall not
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WP(MD)No.20601/2014
take advantage of this order for alienating the property. No costs.
Consequently, the connected Miscellaneous Petition is closed.
10.03.2023
NCC: Yes / No
Index :Yes / No
Speaking Order : Yes / No
mbi
https://www.mhc.tn.gov.in/judis
WP(MD)No.20601/2014
To
1.The District Revenue Officer,
Pudukkottai
2.The Revenue Divisional Officer,
Aranthangi
https://www.mhc.tn.gov.in/judis
WP(MD)No.20601/2014
B.PUGALENDHI, J.
mbi
WP(MD)No.20601/2014
10.03.2023
https://www.mhc.tn.gov.in/judis
