Madras High Court
K.Gnanasekaran vs / on 5 November, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.1117 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.1117 of 2018
and
W.M.P.(MD)Nos.1174 & 1175 of 2018
K.Gnanasekaran ... Petitioner
/Vs./
1. The District Collector
Ramanathapuram District.
2. The District Revenue Officer
Ramanathapuram District
3. The Revenue Divisional Officer,
Ramanathapuram District
4. The Tahsildar
Thiruvadanai,
Ramanathapuram District
5. The Sub Registrar,
Thondi, Ramanathapuram District.
6. Marimuthu, ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus calling for records relating to
the impugned order dated 03.07.2017 passed in Ne.Mu.A6/12250/2013
1/6
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W.P.(MD)No.1117 of 2018
and by the fourth respondent and quash the same and consequentially
forbear the fifth respondent from registering any document of alienation
executed by the sixth respondent pertaining to the subject properties
measuring an extent of 5.09.0 hectares in Survey No.262/1 262/2 262/3
and 263/3 Choliakudi Village, Thiruvadanai Taluk, Ramanathapuram
District on the basis of the patta standing in his name.
For Petitioner : Mr.J.Bharathan
For Respondents : Mr.D.Gandhi Raj
Special Government Pleader for R1 -5
: Mr.J.Madhu for R6
ORDER
This writ petition has been filed to quash the impugned order dated
03.07.2017 passed by the fourth respondent in Ne.Mu.A6/12250/2013
and consequentially forbear the fifth respondent from registering any
document of alienation executed by the sixth respondent pertaining to the
subject properties measuring an extent of 5.09.0 hectares in Survey No.
262/1 262/2 262/3 and 263/3 Choliakudi Village, Thiruvadanai Taluk,
Ramanathapuram District on the basis of the patta standing in his name.
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2. While pending the writ petition, the subject property was sold
out in favour of third parties on the strength of patta issue by the
respondents. The third parties, who are the purchasers of the subject
property, filed a suit in O.S.No.48 of 1995, for declaration as against the
respondents in respect of the subject property, on the file of the Sub
Court, Ramanathapuram. The said suit was dismissed on 26.06.2000.
Aggrieved by the same, the third parties, filed an appeal suit in A.S.No.
111 of 2000 on the file of the Principal District Court, Ramanathapuram,
which was allowed and the suit filed by the third party was decreed in
their favour.
3. Aggrieved by the same, the fishermen of Launchiyadi have filed
second appeal in S.A.(MD)No.313 of 2017 before this Court and the
same was allowed the suit filed by the purchasers was dismissed. As
against the judgment of the second appeal, the purchasers of the subject
property, preferred Special Leave Petition in S.L.P.(C)No.4701 of 2024
and obtained an interim order on 12.02.2024.
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4. Therefore, this Court find no infirmity or illegality in issuance of
patta by the fourth respondent in favour of the sixth respondent. Hence,
this petition is liable to be dismissed and accordingly, dismissed.
However, the petitioner is at liberty to approach the revenue authorities
for cancellation of patta with respect of subject property, subject to the
result of the Special Leave Petition. No costs. Consequently, connected
Miscellaneous Petitions are closed.
05.11.2024
Index : Yes / No
Internet : Yes/No
NCC : Yes / No
LS
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TO:-
1. The District Collector
Ramanathapuram District.
2. The District Revenue Officer
Ramanathapuram District
3. The Revenue Divisional Officer,
Ramanathapuram District
4. The Tahsildar
Thiruvadanai,
Ramanathapuram District
5. The Sub Registrar,
Thondi, Ramanathapuram District.
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G.K.ILANTHIRAIYAN, J.
LS
Order made in
Dated:
05.11.2024
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