Madras High Court
S.Sattanathan vs The Tahsildar on 9 October, 2023
W.P.(MD)No.19526 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.10.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.(MD)No.19526 of 2020
1.S.Sattanathan
2.S.Sriram
3.S.Selvaraj
4.C.Avadaiyammal @ Indira
5.C.Murugan
6.C.Ponnusrimani .. Petitioners
Versus
1.The Tahsildar
Kodaikanal Taluk, Dindigul District – 624 101.
2.The Revenue Divisional Officer,
Kodaikanal Revenue Division,
Dindigul District – 624 101.
3.The District Collector,
Collectorate, Dindigul District – 624 004. .. Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the first respondent to consider
the representation dated 21.10.2020, by passing suitable orders within the time
frame to be fixed by this Court.
For Petitioners : Mr.E.R.Gurubalachandran
For Respondents : Mr.A.K.Manikkam
https://www.mhc.tn.gov.in/judis
Special Government Pleader
1/5
W.P.(MD)No.19526 of 2020
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus,
directing the first respondent to consider the representation made by the
petitioners on 21.10.2020 and pass suitable orders within the time frame fixed
by this Court.
2. The case of the petitioners is that the subject property comprised in
Old Survey No.97, New Survey No.97/1, situated at Vilpatty Village,
Kodaikanal Town and Taluk, Dindigul District, measures a total extent of 9
Acres, out of which, 6 Acres and 68 Cents of land was originally owned by the
grandfather of the petitioners, named 'Sattanatha Karaiyalar'. This property
was shown as 'Schedule - D' in a suit, that was filed in O.S.No.33 of 1961 and
on 18.01.1972 a decree was passed by the learned Subordinate Judge,
Tirunelveli and it was also affirmed by this Court on 09.12.1976 in A.S.No.
242 of 1972.
3. The further case of the petitioners is that out of the total extent of 9
Acres, various extents of property were sold and ultimately, Subramania
Karaiyalar was in possession and enjoyment of 3 Acres and 99 Cents.
Therefore, according to the petitioners, they being the legal heirs of
Subramania Karaiyalar, are entitled for Patta for an extent of 3 Acres and 99
Cents of land.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19526 of 2020
4. The grievance of the petitioners is that the second
respondent/Revenue Divisional Officer, Kodaikanal Revenue Division,
through the proceedings, dated 25.05.2012, had granted Patta only for an
extent of 3 Acres and 36 cents. Hence, a representation was made by the
petitioners, seeking for Patta for an extent of 3 Acres and 99 cents. Since the
same was not considered, the present Writ Petition has been filed before this
Court.
5. Heard Mr.E.R.Gurubalachandran, learned counsel for the petitioners
and Mr.A.K.Manikkam, learned Special Government Pleader for the
respondents.
6. In the considered view of this Court, the second respondent/Revenue
Divisional Officer had already taken into consideration the judgments passed
by the Civil Court and had passed an order on 25.05.2012 granting Patta for an
extent of 3 Acres and 36 Cents. This order was never put to challenge by
Subramania Karaiyalar during his lifetime. All of a sudden, after his demise,
his legal heirs are now attempting to reopen the same issue and are seeking for
grant of Patta for 3 Acres and 99 Cents. The petitioners cannot once again
reopen the issue without challenging the order passed by the second
respondent/Revenue Divisional Officer, through his proceedings. dated
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19526 of 2020
25.05.2012. Hence, the representation given by the petitioners in this regard
cannot give rise to a new cause of action to enable them to file this Writ
Petition. This Court does not find any merits in the present Writ Petition.
Accordingly, this Writ Petition stands dismissed. No costs.
NCC : Yes/No 09.10.2023
Index : Yes/No
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To
1.The Tahsildar
Kodaikanal Taluk, Dindigul District – 624 101.
2.The Revenue Divisional Officer,
Kodaikanal Revenue Division,
Dindigul District – 624 101.
3.The District Collector,
Collectorate, Dindigul District – 624 004.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.19526 of 2020
N.ANAND VENKATESH, J.
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W.P.(MD) No.19526 of 2020
09.10.2023
https://www.mhc.tn.gov.in/judis
