Madras High Court
V.Subramanian vs The District Collector on 29 March, 2023
WP(MD)No.3510/2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.03.2023
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
WP(MD)No.3510/2020
V.Subramanian ... Petitioner
Vs.
1.The District Collector,
Office of the District Collector,
Virudhunagar District.
2.The Tahsildar,
Office of the Taluk Office,
Rajapalayam, Virudhunagar District.
3.The Municipal Commissioner,
Rajapalayam Municipality,
Rajapalayam, Virudhunagar District.
4.The Sub Collector cum Revenue Divisional Officer,
Sattur Sub Division, Rajapalayam,
Virudhunagar District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of mandamus directing the respondents to issue patta in
the petitioner's favour in respect of the lands comprised in Old S.No.
133/4, New S.No.133/1 and TS.No.35 Block No.4 situated at Chinna
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WP(MD)No.3510/2020
Suraikkaipatti village, Rajapalayam Taluk, Viruthunagar District on the
basis of his representation dated 10.08.2019 and in the light of the
proceedings issued by the first respondent in Na.Ka.AA2/4078/2019
dated 20.08.2019 within the time stipulated by this Court.
For Petitioner : Mr.M.Shakul Hameed
For Respondents : Mr.J.John Rajadurai,
Government Advocate
for R1, R2 and R4
Mr.N.Dilip Kumar for R3
ORDER
The petitioner has invoked the extraordinary jurisdiction of this
Court under Article 226 of the Constitution of India seeking to issue a
writ of mandamus directing the respondents to issue patta in his favour in
respect of the lands comprised in Old S.No.133/4, New S.No.133/1 and
TS.No.35, Block No.4 situated at Chinna Suraikkaipatti village,
Rajapalayam Taluk, Viruthunagar District on the basis of his
representation dated 10.08.2019 and in the light of the proceedings
issued by the first respondent in Na.Ka.AA2/4078/2019 dated
20.08.2019.
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WP(MD)No.3510/2020
2.1. The case of the petitioner is that he is the absolute owner of
the property comprised in Old S.No.133/4, New S.No.133/1 and TS.No.
35, Block No.4 situated at Chinna Suraikkaipatti village, Rajapalayam
Taluk, Viruthunagar District, by virtue of the registered settlement deed
dated 02.02.1981 from one Ayyarkutty. After the purchase, dispute has
been raised with reference to usage of the pathway situated in the above
survey field. The respondents 1 to 3 started claiming right over the same.
Therefore, the petitioner has filed a suit in OS.No.77/1999 against the
respondents 1 to 3 on the file of the Principal District Munsif,
Srivilliputhur. The suit was decreed in favour of the petitioner on
29.08.2003. The third respondent filed an appeal in AS.No.31/2004 on
the file of the Sub Court, Srivilliputhur. The Appeal was dismissed by
Judgment dated 30.01.2014. Therefore the petitioner's title to the
property has been declared since no further appeal had been filed.
2.2. The petitioner would submit that he had requested the second
respondent to survey his lands by submitting an application and paying
necessary fees. The second respondent did not survey the land.
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WP(MD)No.3510/2020
Therefore, a detailed representation dated 10.08.2019 was sent
explaining the title of the property to the petitioner and requesting to
issue patta after survey of lands. Once again, there was no response.
Therefore, the writ petition.
3. When the matter was taken up for hearing, a letter dated
15.03.2023 addressed by the Revenue Divisional Officer, Rajapalayam to
the learned Government Advocate has been produced, wherein, it is
stated that the property in question has been classified as 'Government
Poromboke Pannaiyar Street' and therefore, patta cannot be granted. This
order came to be passed without affording any personal hearing to the
petitioner, particularly when, the petitioner has a decree in his favour,
which has been confirmed in the appeal filed by the third respondent
herein. The respondents 1 to 3 after suffering a decree against them and
having failed in their attempt to over turn it in an appeal, had attempted
to overcome the decree by reclassifying the land. Be that as it may, the
petitioner has himself submitted a representation to the respondents.
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WP(MD)No.3510/2020
4. Therefore, the respondents shall consider the representation of
the petitioner dated 10.08.2019 afresh, after affording an opportunity of
personal hearing to all the parties concerned and pass necessary orders
within a period of eight weeks from the date of receipt of a copy of this
order. The order shall clearly set out as to how the Authority gets over
the decree in OS.No.77/1999 on the file of the Principal District Munsif
Court, Srivilliputhur as confirmed by the Sub court, Srivilliputhur in
AS.No.31/2004. With the above directions, this writ petition is disposed
of. No costs.
29.03.2023
NCC:Yes/No
Index:Yes/No
Speaking/Non-speaking order
mbi
To
1.The District Collector,
Office of the District Collector,
Virudhunagar District.
2.The Tahsildar,
Office of the Taluk Office,
Rajapalayam, Virudhunagar District.
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WP(MD)No.3510/2020
P.T.ASHA, J.
mbi
3.The Municipal Commissioner,
Rajapalayam Municipality,
Rajapalayam, Virudhunagar District.
4.The Sub Collector cum Revenue Divisional Officer,
Sattur Sub Division, Rajapalayam,
Virudhunagar District.
WP(MD)No.3510/2020
29.03.2023
https://www.mhc.tn.gov.in/judis
