Madras High Court
M.Natarajan vs The District Collector on 4 September, 2024
Author: P.T.Asha
Bench: P.T.Asha
WP.(MD)No.20947 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
WP.(MD)No.20947 of 2024
M.Natarajan ... Petitioner
Vs.
1.The District Collector,
Office of the District Collector,
Sivagangai, Sivagangai District.
2.The District Revenue Officer,
Office of the Distirct Revenue Officer,
Sivagangai District, Sivagangai.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Sivagangai District, Sivagangai.
4.The Tahsildar,
Suivagangai Taluk Office,
Sivagangai District. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India, praying to issue Writ of Mandamus, to direct the respondents
herein to transfer the patta in the name of the petitioner in respect of the
property comprised in Old S.No. 108/4, New S.No. 108/4A and 108/4B of
an extent of 34 cents situated at Idayamelur Village, Sivagangai Taluk
and District, based on the Judgment and decree passed by the learned
1/6
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WP.(MD)No.20947 of 2024
District Munsif Court, Sivagangai made in O.S.No.37 of 2002 dated
21.03.2003 and by considering the representation of the petitioner dated
21.02.2024 within the time stipulated by this Court.
For Petitioner : Mr.C.Gangai Amaran
For Respondents : Mr.B.Saravanan,
Additional Government Pleader.
ORDER
This writ petition has been filed seeking Mandamus to the
respondents to transfer the patta in respect of the property in Old S.No.
108/4, New S.No. 108/4A and 108/4B measuring 34 cents situated at
Idayamelur Village, Sivagangai Taluk and District.
2.It is the contention of the petitioner that the above lands, which
originally measured an extent of 1 acre and 22 cents belonged to one
Muthumadan and Muthaiah Pillai. Thereafter, the property devolved on
Sevarangiri, son of Muthumada Pillai. He had executed and registered a
power of attorney in favour of the petitioner’s mother for maintaining the
said property on 01.08.2002 under a registered power deed and since
then, it was the petitioner’s mother, who was managing the property. The
respondents were interfering the with the peaceful possession of the
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property by making sub division in respect of the property comprised in
S.No.108/4 measuring 1 acre 56 cents, without issuing any notice to the
interested parties and the property was sub divided as 108/4A and
108/4B to an extent 1 acre 22 cents. On coming to know about the sub
division, the petitioner’s mother had filed a suit before the District Munsif
Court, Sivagangai in O.S.No.37 of 2002 for declaration that the property
belonged to her and not to interfere in the peaceful possession and
enjoyment of the property. The learned District Munsif decreed the suit
in favour of Sevarangiri and his power of attorney, ie., the petitioner’s
mother and no appeal has been filed challenging the same. After the
decree in O.S.No.37 of 2002, the petitioner’s mother sold the property to
the petitioner under a registered sale deed dated 25.04.2008 for valuable
consideration, which is paid to the owner Sevarangiri.
3.The Divisional Engineer, Highways Department without initiating
acquisition proceedings, was attempting to take away the portion of the
petitioner’s property for laying highway road. They were taking
advantage of the wrong entry, which crept during UDR survey. A
complaint was made by one Vasanthi stating that the petitioner had
encroached into the road and Divisional Engineer with the assistance of
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the Junior Engineer of the Highway Department, had conducted a
detailed inspection and after perusing the documentary evidence, which
included the decree of the civil Court, submitted a report stating that
there was no encroachment. In this background, the petitioner had sent
a detailed representation to the respondents on 21.02.2024 requesting
for transfer of patta by removing the wrong entry showing the property
as road prompoke on the basis of the civil decree.
4.In the light of the above and taking note of the fact that the
representation has been given on 21.02.2024 and as the petitioner’s title
has been declared in O.S.No.37 of 2002, in which, the fourth respondent
and the Divisional Engineer are defendants in the said suit, the fourth
respondent shall dispose of the representation of the petitioner by taking
note of documents and the judgment and decree of the civil Court and
shall pass orders, within a period of four weeks from the date of receipt of
a copy of this order. Accordingly, this writ petition is allowed. No costs.
04.09.2024
Index:Yes/No
Internet:Yes/No
gns
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To
1.The District Collector,
Office of the District Collector,
Sivagangai, Sivagangai District.
2.The District Revenue Officer,
Office of the Distirct Revenue Officer,
Sivagangai District, Sivagangai.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Sivagangai District, Sivagangai.
4.The Tahsildar,
Suivagangai Taluk Office,
Sivagangai District.
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P.T.ASHA,J.
gns
04.09.2024
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