R.S.Sornam vs R.Rathinam ... 1St
2024 Latest Caselaw 7575 Mad

Madras High Court

R.S.Sornam vs R.Rathinam ... 1St on 8 April, 2024

Author: N.Seshasayee

Bench: N. Seshasayee

                                                                               W.A.(MD) No.239 of 2018



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 08.04.2024

                                                        CORAM

                                             JUSTICE N. SESHASAYEE

                                                          and

                                                 JUSTICE P.VADAMALAI


                                              W.A.(MD) No.239 of 2018
                                                        and
                                             C.M.P.(MD) No.1381 of 2018

                     R.S.Sornam                             ... Appellant/3rd Party

                                                          Vs.

                     1.R.Rathinam                           ... 1st Respondent/Petitioner

                     2.The District Collector,
                       Tuticorin District,
                       Tuticorin.

                     3.The Revenue Divisional Officer,
                       Tuticorin.

                     4.The Tahsildar,
                       Srivaikuntam Taluk,
                       Tuticorin District.                  ... Respondents 2 to 4/Respondents



                     _________
                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                  W.A.(MD) No.239 of 2018



                     Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated
                     11.12.2014 made in W.P.(MD) No.20112 of 2014.

                                   For Appellant      :         Mr.T.Selvan

                                   For RR2 to 4       :         Mr.A.Baskaran
                                                                Additional Government Pleader

                                   For R1             :         No appearance

                                                          JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.)

This appeal is preferred by a 3rd party to W.P.(MD) No.20112 of 2014, which

came to be disposed of by a learned Single Judge of this Court vide his order

dated 11.12.2014, whereunder the learned Judge has directed the 3rd

respondent before him viz., the Tahsildar, Srivaikuntam Taluk to consider the

petitioner's representation dated 17.05.2014 which he had made for issuance

of patta to properties in R.S.Nos.105b/2b, 72/1, 94/1, 98/3, 100/3, 67 and 68.

2. The contention of the appellant is that he is the original owner of the

property and the writ petitioner seeks issuance of patta based on a collusive

_________

https://www.mhc.tn.gov.in/judis

decree obtained by him in O.S.No.87 of 2009 on the file of the Sub Court,

Tuticorin to which the present appellant is not a party. The learned counsel

also submitted that the said decree later came to be set aside by this Court in

C.R.P.(MD) No.1318 of 2012 vide order dated 18.10.2019.

3. This Court may not enter into a finding vis-a-vis the title to the property,

which eventually may have to be decided by a competent civil Court. So far

as the present issue is concerned, this Court merely directs the 4th respondent

herein (3rd respondent before the Writ Court) to issue notice both to the writ

petitioner as well as to this appellant and act strictly in accordance with law.

4. With the above direction, this Writ Appeal is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

                                                               (N.S.S., J.)         (P.V.M., J.)
                     NCC : Yes/No                                         08.04.2024
                     Index : Yes/No
                     Internet : Yes
                     ABR
                     _________

https://www.mhc.tn.gov.in/judis

N. SESHASAYEE, J.

and P.VADAMALAI, J.

ABR To

1.The District Collector, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Tuticorin.

3.The Tahsildar, Srivaikuntam Taluk, Tuticorin District. W.A.(MD) No.239 of 2018

08.04.2024

_________

https://www.mhc.tn.gov.in/judis