Madras High Court
Arriya Vaisyar Community vs The District Revenue Officer on 20 March, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.03.2023
CORAM
THE HON'BLE MR.JUSTICE M.S.RAMESH
W.P. No.15769 of 2021 and W.M.P.
Nos.16677 and 16680 of 2021
Arriya Vaisyar Community
represented by its President
Govindarajulu .. Petitioner
Vs
1.The District Revenue Officer,
Cuddalore.
2.The Sub Collector,
Cuddalore Main Road,
Virudhachalam.
3.The Thasildar,
Virudhachalam.
4.The Sub Registrar,
Mangalampettai,
Virudhachalam Taluk,
Cuddalore District.
5.Veeran
6.Rajadurai
7.Rajaram
8.Ramadurai
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2
9.Rajalakshmi .. Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
praying to issue a writ of Certiorari to call for the records on the file of the
second respondent in Proceedings No.Mu.Mu.(A4) 1781/2018 dated
07.02.2019 and quash the same as illegal, incompetent and unconstitutional
and for consequential orders.
For Petitioner : Mr.V.Raghavachari,
Senior Counsel for
Ms.V.Srimathi
For Respondents : Mr.Yogesh Kannadasan,
Special Government Pleader
for R1 to R4
No appearance for R5, 8 and 9
R6 and R7 – not ready in notice
ORDER
This writ petition has been filed, challenging the Proceedings No.Mu.
Mu.(A4) 1781/2018 dated 07.02.2019, issued by the second respondent.
2.The petitioner is a body, representing a community in
Mangalampettai Vilage, who is the owner of the property, situated in
S.No.105/1, new Survey No.222/12 and 14, Karnathan Road,
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Mangalampettai Village. They had entered into a Lease Deed, registered as
Document No.1562/1979 with the first respondent herein and was also in
possession of the property. One Duraiswamy Chettiar and Narayana
Chettiar, representing the petitioner, had filed a Suit before the District
Munsif Court, Chidambaram in O.S. No.285 of 1973 and by judgment and
decree dated 28.02.1974, the subject property in S.No.105/1, which has
been renumbered as New Nos.222/12 and 14, was declared in their favour.
3.It is stated by the petitioner that the name of the fifth respondent
was incorporated in the patta over the subject properties that belonged to
the petitioner herein and he has also consequently executed Settlement
Deeds in favour of his children, who are respondents 7 to 9. It is stated that
those Settlement Deeds have been challenged before the Civil Courts and
the same are pending and the lands in S.Nos.222/12 and 14, belong to the
fifth respondent, which were subsequently recorded as 'dispute'. It is also
stated that since the subject lands are with the fifth respondent, the
classification of the status of the subject lands as 'dispute' shall be granted
to and in favour of the fifth respondent herein. Challenging the same, the
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present writ petition has been filed.
4.Learned Senior Counsel for the petitioner submitted that in view of
the registered Lease Deed, which evidences the petitioner's possession over
the property and the subsequent decree of the District Munsif Court,
Chidambaram has become final, the second respondent herein ought not to
have changed the title over the property in the Patta Pass Book in favour of
the fifth respondent herein.
5.Per contra, learned Special Government Pleader appearing for
respondents 1 to 4 places reliance on the averments in the counter affidavit
and submitted that as per the Village account of Mangalampettai, the lands
in S.Nos.222/12 and 222/14 are classified as Government Poramboke lands
and during the course of enquiry, no objections were raised by anybody and
therefore, the petitioner is not the owner of the property in S.No.105/1 and
New S.Nos.222/12 and 14.
6.Heard Mr.V.Raghavachari, learned Senior Counsel representing for
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Ms.V.Srimathi, learned counsel for the petitioner, Mr.Yogesh Kannadasan,
learned Special Government Pleader appearing for R1 to R4. Though
respondents 5, 8 and 9 are represented by counsel, none appears on their
behalf.
7.The reasoning adopted by the official respondents in the impugned
order as well as the counter affidavit cannot be legally sustainable. When
the petitioner was put in possession of the lands to a registered Lease Deed
and thereafter when he had sought for declaration of title over the said
lands in S.No.105/1 and New Nos.222/12 and 14 and the District Munsif
Court, Chidambaram through its judgment and decree dated 28.02.1974 had
passed O.S. No.285 of 1973 in favour of the petitioner, the title over those
suit properties would automatically be vested with the petitioner only.
Incidentally, the suit, filed by Duraiswamy Chettiar and Narayana Chettiar,
was on behalf of the petitioner under the people of Arriya Vaisyar of
Mangalampettai.
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8.In view of the judgment and decree of the Civil Court, the entire
reasoning adopted by the respondents in the counter affidavit that the
property does not belong to the petitioner cannot be sustained.
Consequently, all other changes made in the Patta Pass Book pursuant to
the year 1974 insofar as the subject property, needs to be modified and the
corresponding entires in favour of the petitioner requires to be made in the
Patta Pass Book.
9.In the light of the above observation, the impugned Proceedings
No.Mu.Mu.(A4) 1781/2018, dated 07.02.2019, issued by the second
respondent is quashed. Consequently, there shall be a direction to the
official respondents herein to pass appropriate orders, incorporating the
name of the petitioner in the Patta Pass Book, insofar as relates to the
subject properties in S.No.105/1 and New Nos.222/12 and 14, Karnathan
Road, Mangalampettai Village, within a period of four weeks from the date
of receipt of a copy of this order. Accordingly, this writ petition stands
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allowed. No costs. Consequently, connected M.Ps are closed.
20.03.2023
Index : Yes
vga
To
1.The District Revenue Officer,
Cuddalore.
2.The Sub Collector,
Cuddalore Main Road,
Virudhachalam.
3.The Thasildar,
Virudhachalam.
4.The Sub Registrar,
Mangalampettai,
Virudhachalam Taluk,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
M.S.RAMESH,J.
vga
W.P. No.15769 of 2021 and W.M.P.
Nos.16677 and 16680 of 2021
20.03.2023
https://www.mhc.tn.gov.in/judis
