Madras High Court
M.Muthukumar vs The Revenue Divisional Officer on 17 October, 2024
Author: S.S. Sundar
Bench: S.S. Sundar
W.A.Nos.2538 & 2539 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.A.Nos.2538 & 2539 of 2024
and
C.M.P.Nos.18147 & 18148 of 2024
M.Muthukumar ... Appellant
in both Writ Appeals
Vs.
1.The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Anna Salai,
Tiruvannamalai – 606 601.
2.The Tahsildar,
Taluk Office,
Anna Salai,
Tiruvannamalai – 606 601.
3.Kamal Chand Jain ... Respondents
in W.A.No.2538 of 2024
1.The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Page 1
https://www.mhc.tn.gov.in/judis
W.A.Nos.2538 & 2539 of 2024
Anna Salai,
Tiruvannamalai – 606 601.
2.The Tahsildar,
Taluk Office,
Anna Salai,
Tiruvannamalai – 606 601.
3.Naresh Chand Jain ... Respondents
in W.A.No.2539 of 2024
Prayer in W.A.No.2538 of 2024 :- Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 07.09.2022 in W.P.No.23938 of 2022
on the file of this Court.
Prayer in W.A.No.2539 of 2024 :- Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 06.09.2022 in W.P.No.23817 of 2022
on the file of this Court.
For Appellant : Mr.S.Vediyappan
in both Writ Appeals
For R1 and R2 : Mr.A.Selvendran
Special Government Pleader
in both Writ Appeals
For R3 : M/s.G.A.Girija Venkataraman
in both Writ Appeals
Page 2
https://www.mhc.tn.gov.in/judis
W.A.Nos.2538 & 2539 of 2024
COMMON JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
Writ Appeal in W.A.No.2538 of 2024 is directed against the order of
the learned Single Judge dated 07.09.2022 in W.P.No.23938 of 2022. Writ
Appeal in W.A.No.2539 of 2024 is directed against the order of the learned
Single Judge dated 06.09.2022 in W.P.No.23817 of 2022.
2.These two writ petitions are in respect of two different parcels of the
same property, in which, the appellant as well as his brother are claiming
exclusive right over the property. It is not in dispute that the appellant and
the vendor of the 3rd respondent are brothers. The 3rd respondent in the
respective Appeals have purchased a small portion of the property from the
appellant's brother. Pursuant to the sale deed obtained by the 3 rd respondent
in the respective Appeals, mutation had taken place and the name of the 3 rd
respondent was also included in the joint patta.
Page 3
https://www.mhc.tn.gov.in/judis
W.A.Nos.2538 & 2539 of 2024
3.The case of the appellant is that the property was originally
purchased by his father Mr.K.R.S.Manicka Mudaliar in the name of his first
wife, the mother of 3rd respondent's vendor. The appellant claims to be the
son of the said K.R.S.Manicka Mudaliar through his second wife. A suit
was also filed by the appellant along with his mother in O.S.No.56 of 1997
before the Additional Sub Court, Tiruvannamalai, which was later re-
numbered as O.S.No.83 of 2017 before the Mahila Court, Tiruvannamalai.
It is also admitted that the suit filed by the appellant and his mother claiming
partition in respect of the property was dismissed and the matter is now
pending before this Court in A.S.No.635 of 2019.
4.Stating that the sale deed executed in favour of the 3rd respondent is
void and patta changed in favour of 3rd respondent is illegal, the appellant
filed the writ petitions in W.P.Nos.23938 and 23817 of 2022 for issuance of
Writ of Mandamus directing the official respondents, namely the Revenue
Divisional Officer and Tahsildar, to consider the representation of the
appellant dated 25.05.2022, wherein the appellant had requested the official
Page 4
https://www.mhc.tn.gov.in/judis
W.A.Nos.2538 & 2539 of 2024
respondents to cancel the patta in respect of the schedule mentioned
property in favour of the 3rd respondent in the respective Appeals. The writ
petitions were finally disposed of by the impugned orders, giving liberty to
the writ petitioner/appellant to work out his remedy in the pending Appeal
Suit.
5.Having regard to the admitted facts, the appellant has to establish
his title or right over the property and it is admitted that the suit in
O.S.No.83 of 2017 before the Mahila Court, Tiruvannamalai, is dismissed
and the appeal is now pending in A.S.No.635 of 2019 before this Court. In
such circumstances, the appellant's claim that the sale deed executed by the
son of Late Mr.K.R.S.Manicka Mudaliar cannot be invalidated at the request
of a person who is yet to establish his title over the property.
6.During the course of arguments, the only point that was canvassed
by the learned counsel for the appellant is that the property originally was
purchased by his father Late Mr.K.R.S.Manicka Mudaliar in the name of his
first wife. When the appellant himself admits that the property was
Page 5
https://www.mhc.tn.gov.in/judis
W.A.Nos.2538 & 2539 of 2024
purchased by his father in the name of his wife, the property is presumed to
be the property of the first wife unless the property was acquired out of the
joint family income. The appellant has to establish existence of joint family
properties and the character of suit property. Therefore, even on merits, the
appellant has no semblance of right over the property. However, the
observation made by this Court is only on the submission made by the
learned counsel for the appellant and the Appeal Suit that is pending will be
disposed of uninfluenced by any of our observations made in this judgment.
7.Therefore, this Court finds no reason to interfere with the order of
the learned Single Judge dismissing the writ petitions. Accordingly, these
Writ Appeals are dismissed, however, preserving liberty to the appellant to
work out his remedy in the Appeal Suit which is pending. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.S.S.R., J.) (A.D.M.C., J.)
17.10.2024
mkn
Internet : Yes
Page 6
https://www.mhc.tn.gov.in/judis
W.A.Nos.2538 & 2539 of 2024
Index : Yes / No
Neutral Citation : Yes / No
To
1.The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Anna Salai,
Tiruvannamalai – 606 601.
2.The Tahsildar,
Taluk Office,
Anna Salai,
Tiruvannamalai – 606 601.
Page 7
https://www.mhc.tn.gov.in/judis
W.A.Nos.2538 & 2539 of 2024
S.S. SUNDAR, J.
and
Dr.A.D. MARIA CLETE, J.
mkn
W.A.Nos.2538 & 2539 of 2024
17.10.2024
Page 8
https://www.mhc.tn.gov.in/judis
