Madras High Court
K.Koppammal vs The Special Tahsildar on 4 March, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
and M.P.(MD)Nos.2 and 3 of 2013 and 2 and 3 of 2014
W.P.(MD)No.16888 of 2013
1. K.Koppammal
2. M.Sembukutti ... Petitioners
versus
1. The Special Tahsildar,
Town Survey and Land Reforms,
Theni Alli Nagaram,
Theni District.
2. The Tahsildar,
Taluk Office,
Theni District.
3. The Town Surveyor,
Theni Alli Nagaram Municipality,
Theni,
Theni District.
4. M.Sivanandam
5. M.Poorana Anandhan (died)
6. A.Senthilkumar
1/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
7. Rathina
8. Vasuki
(R7 and R8 are substituted
as LRs of the deceased R5) ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorari, to call for the records
relating to the impugned order of the first respondent in Na.Ka.No.
28/2013 dated 19.07.2013 and quash the same as illegal.
For Petitioners : Mr.M.Mahaboob Athiff
For R1 to R3 : Mr.A.Baskaran,
Additional Government Pleader
For RR4, 7
and 8 : No appearance
For R5 : Died
For R6 : Mr.D.Nallathambi
W.P.(MD)No.5368 of 2014
1. K.Koppammal
2. M.Sembukutti ... Petitioners
versus
1. The Special Tahsildar,
Town Survey and Land Reforms,
Theni Alli Nagaram,
Theni District.
2/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
2. The Tahsildar,
Taluk Office,
Theni District.
3. The Town Surveyor,
Theni Alli Nagaram Municipality,
Theni,
Theni District.
4. M.Sivanandam
5. A.Senthilkumar ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus, to call for
the records relating to the impugned order of the 2nd respondent in
Na.Ka.No.5410/2013 A8 dated 18.12.2013, quash the same and
consequently, direct the respondents 1 to 3 herein to survey, sub-divide
and grant patta to the petitioners in S.No.192/2 as per their sale deeds
dated 16.11.1981 and 13.09.2001 and title deeds of vendor and
predecessors in title of the petitioners within a reasonable time.
For Petitioners : Mr.M.Mahaboob Athiff
For R1 to R3 : Mr.A.Baskaran,
Additional Government Pleader
For R4 and R5 : Mr.D.Nallthambi
3/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
COMMON ORDER
W.P.(MD)No.16888 of 2013 has been filed by one
K.Koppammal and M.Sembukutti as against the order dated
19.07.2013 passed by the Tahsildar, Theni, granting patta in favour of
one A.Senthilkumar, 6th respondent herein.
2. W.P.(MD)No.5368 of 2014 has been filed by the said
K.Koppammal and M.Sembukutti as against the proceedings of the
Tahsildar, Theni, dated 18.12.2013, rejecting their request for
surveying their lands in Survey No.192/2.
3. The learned counsel appearing for the petitioners submits that
the petitioners, namely, Koppammal and Sembukutti are the absolute
owners of the lands in Survey No.192/2 at Alli Nagaram, Theni
District. As the adjacent land owners had interfered with their
possession and enjoyment of the property, they had filed suits in
O.S.No.195 of 2007 and O.S.No.464 of 2006 respectively, seeking for
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
the relief of declaration of title and also for permanent injunction,
before the learned District Munsif Court, Theni. Both the suits were
decreed by Judgment and Decree dated 28.04.2008. As against the
same, the unsuccessful defendants preferred appeals in A.S.Nos.88 of
2009 and 135 of 2008 and the same were also dismissed, against
which, second appeals in S.A.(MD)Nos.181 and 180 of 2011 were also
filed. The second appeals were also dismissed by Judgment and
Decree dated 07.02.2012 confirming the findings of the trial Court.
Based on the said decree, the petitioners have approached the revenue
officials and submitted the applications for surveying the lands. As the
revenue officials have not considered their applications, the petitioners
have filed writ petitions in W.P.(MD)Nos.10050 and 10051 of 2012,
wherein, this Court directed the respondents 2 and 3 to consider the
petitioners' applications within a period of six weeks. Even thereafter,
the respondent officials have not taken any steps to survey the land. In
the meantime, the respondent officials by colluding with the
unsuccessful defendants, created a document in favour of the 6th
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
respondent and also transferred patta in his favour, by proceedings
dated 19.07.2013. Challenging the proceedings dated 19.07.2013,
W.P.(MD)No.16888 of 2013 has been filed. Subsequently, the
Tahsildar, Theni, by proceedings dated 18.12.2013, passed an order
rejecting the request of the petitioners for surveying their lands.
Challenging the same, W.P.(MD)No.5368 of 2014 has been filed.
4. The learned counsel appearing for the 6th respondent in W.P.
(MD)No.16888 of 2013 submits that as against the Judgment and
Decree passed in S.A.(MD)Nos.181 and 180 of 2011, the 6th and 7th
respondents have filed review applications in Rev.Aplc.(MD)Nos.42
and 43 of 2016 before this Court. This Court, by order dated
11.02.2020, disposed of the review applications with a direction to both
the parties to submit a fresh application for sub-division and on receipt
of the applications, the revenue authorities shall pass orders based on
the title documents. Pursuant to the order of this Court passed in
Review Application Nos.42 and 43 of 2016 dated 11.02.2020, the Sub
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
Collector, Theni, conducted an enquiry and passed an order on
19.10.2020, cancelling the patta stand in the name of A.Senthilkumar,
6th respondent in W.P.(MD)No.16888 of 2013 and restored the same in
the name of original owner. As against the same, the said
A.Senthilkumar has filed a writ petition in W.P.(MD)No.20983 of
2021 and the same is pending before this Court.
5. The learned counsel appearing for 6th respondent further
submits that patta stand in the name of the 6 th respondent, has been
cancelled, without providing him an opportunity of hearing and that too
when he was out of country. He has also referred the passport of the
said Senthilkumar to prove that during that period, he was out of
country. According to him, the order dated 19.10.2020 was passed in
violation of principles of natural justice.
6. The learned counsel appearing for the 6th respondent further
submits that as against the order of this Court passed in Rev.Aplc.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
(MD)Nos.42 and 43 of 2016, the 6th respondent has filed a Special
Leave Petition in SLP(Civil) Diary No.8528 of 2023 along with the
condone delay application in I.A.No.47644 of 2023. In the condone
delay application, the Hon'ble Supreme Court, on 20.03.2023, has
ordered notice to the parties. The petitioners, namely, Koppammal and
M.Sembukutti have also entered appearance in the condone delay
application.
7. In view of the subsequent order passed by the Sub Collector,
Theni, by his proceedings dated 19.10.2020, cancelling the patta stand
in the name of the 6th respondent and also in view of the pendency of
Special Leave Petition filed by the 6th respondent before the Hon'ble
Supreme Court, these writ petitions are closed as infructuous. No
costs. Consequently, connected miscellaneous petitions are closed.
04.03.2024
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
To
1. The Special Tahsildar,
Town Survey and Land Reforms,
Theni Alli Nagaram,
Theni District.
2. The Tahsildar,
Taluk Office,
Theni District.
3. The Town Surveyor,
Theni Alli Nagaram Municipality,
Theni,
Theni District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
B.PUGALENDHI, J.
ogy
W.P.(MD)Nos.16888 of 2013 and 5368 of 2014
04.03.2024
https://www.mhc.tn.gov.in/judis
