Madras High Court
Jamal Mohamed vs The District Revenue Officer Cum on 23 March, 2023
W.P.(MD) No.7191 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2023
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.7191 of 2020
and
W.M.P.(MD) Nos.6623 and 6624 of 2020
and
W.M.P.(MD) No.32 of 2022
Jamal Mohamed .. Petitioner
Vs.
1.The District Revenue Officer cum
Additional District Magistrate,
Trichy, Trichy District.
2.The Revenue Divisional Officer,
Srirengam,
Trichy, Trichy District.
3.The Tahsildar,
Marungapuri Taluk,
Trichy District.
4.Jamal Mohammed
5.T.Santhi,
The District Revenue Officer cum
Additional District Magistrate,
Trichy District. .. Respondents
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W.P.(MD) No.7191 of 2020
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the first respondent
namely the fifth respondent in her proceedings in
Mu.Mu.A5/21948/2018 dated 23.03.2020 and quash the same and
consequently direct the third respondent to restore the patta in respect of
New Pula No.682/1 measuring about 0.0078 square meter in favour of
the petitioner and his brothers and sister in the light of the order passed
by the second respondent dated 23.08.2018 within a time frame as fixed
by this Court.
For Petitioner : Mr.S.Rajasekar
for Mr.B.Prahalad Ravi
For RR1 to 3 : Mr.D.Ghandiraj
Special Government Pleader
For R4 : Mr.T.Vadivelan
ORDER
The petitioner has filed this writ petition for a Certiorarified
Mandamus, calling for the records of the first respondent dated
23.03.2020, quash the same and direct the third respondent to restore the
patta in favour of the petitioner and his siblings in the light of the order
passed by the second respondent on 23.08.2018.
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W.P.(MD) No.7191 of 2020
2. It is the petitioner's case that the right of the petitioner and his
brother Gulam Mohaideen has been declared in respect of the property
comprised in S.No.682/1 in O.S.No.169 of 2000 filed by one Abdul
Hameed on the file of the District Munsif's Court, Manapparai for
declaration and consequential injunction. The said Abdul Hameed had
also preferred an appeal in A.S.No.153 of 2004 on the file of the Sub
Court, Trichy, which was also dismissed. Having lost in the suit, Abdul
Hameed had set up his brother-in-law one Jamal Mohammed, who is the
fourth respondent in this writ petition, to file a writ petition in W.P.No.
15620 of 2017 to remove the alleged encroachment in Old S.No.261/2,
New S.F.No.682/1, Thuvarankurichi Village, Marungapuri Taluk, Trichy
District. The petitioner was arrayed as the fourth respondent therein. By
order dated 05.09.2017, this Court had directed the third respondent to
consider the representation of the fourth respondent within a period of
three months and pass orders on merits and in accordance with law, after
giving opportunity to all the parties. However, no opportunity was
provided by the third respondent and to the shock and dismay of the
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W.P.(MD) No.7191 of 2020
petitioner, the second respondent had passed an order dated 05.12.2017
directing the third respondent to cancel the patta given to the petitioner in
respect of S.F.No.682/1 and to classify the land as Sarkar poramboke,
since the property has been wrongly classified as a Grama Natham on the
basis of the report of the third respondent. However, these orders have
been passed without notice to the petitioner. Thereafter, the petitioner
was served with a notice by the Revenue Inspector dated 04.01.2018
asking the petitioner to show cause as to why the building constructed in
S.F.No.682/1, Thuvarankurichi Village, should not be removed before
18.01.2017.
3. Challenging the said notice, the petitioner had filed a writ
petition in W.P.No.417 of 2018 and by order dated 23.02.2018, this Court
was pleased to set aside the impugned order and direct the third
respondent to take appropriate action in accordance with law, after
affording opportunity to the petitioner and pass a speaking order.
Thereafter, no action was taken by the third respondent and the second
respondent had passed an order dated 23.08.2018 directing the third
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W.P.(MD) No.7191 of 2020
respondent to issue a joint patta in favour of the petitioner and his
siblings in respect of S.F.Nos.682/1, 682/2 and 681/4. Despite coming to
know about the said order passed by the second respondent, the fourth
respondent filed a review before the first respondent and the first
respondent has passed the impugned order dated 23.03.2020 cancelling
the order of the second respondent. The fourth respondent has already
suffered an order against him and the said order has been passed without
taking into account the judgment and decree in O.S.No.169 of 2000 by
the District Munsif, Manapparai and the judgment in A.S.No.153 of 2004
of the Subordinate Judge, Tiruchirappalli as also the order in W.P.No.417
of 2018. Therefore, the present writ petition.
4. Heard the learned counsel on either side.
5. A perusal of the impugned order clearly shows that the authority
has not considered the decree in O.S.No.169 of 2000 confirmed in
A.S.No.153 of 2004. The impugned order also does not indicate that the
first respondent has considered the objections of the petitioner. The
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W.P.(MD) No.7191 of 2020
order does not reflect the objections taken by the petitioner. In these
circumstances, this Writ Petition is disposed of with a direction to the
first respondent once again to consider the objection placed by the
petitioner, in the light of the judgment and decree in O.S.No.169 of 2000
as also the order passed by the second respondent dated 23.08.2018, after
giving opportunity to all the concerned and pass an order within a period
of eight weeks from the date of receipt of a copy of this order. No costs.
Connected Miscellaneous Petitions are closed.
23.03.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
abr
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.7191 of 2020
To
1.The District Revenue Officer cum
Additional District Magistrate,
Trichy, Trichy District.
2.The Revenue Divisional Officer,
Srirengam,
Trichy, Trichy District.
3.The Tahsildar,
Marungapuri Taluk,
Trichy District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.7191 of 2020
P.T.ASHA, J.
abr
W.P.(MD) No.7191 of 2020
Dated: 23.03.2023
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