Madras High Court
Nagaraj @ Munisamy vs The District Collector on 6 September, 2024
W.P.No.24123 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.24123 of 2024
Nagaraj @ Munisamy ...Petitioner
Vs.
1.The District Collector, Krishnagiri.
2.The Sub Collector, Hosur.
3.The Tahsildar, Hosur. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents to transfer the patta
in the name of petitioner and his mother Thimmaka for the land of Dry Hec.
0.36.5 in S.No.502/2A of Achettipalli Village and pass further orders.
For Petitioner : Dr.G.Babu
For Respondents : Mr.A.Selvendran for R1 to R3
Special Government Pleader
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1/6
W.P.No.24123 of 2024
ORDER
The petitioner herein seeks a direction to the respondents to
transfer the patta in his name, in respect of the land situated in S.No.502/2A of
Achettipalli Village.
2. According to the petitioner, his father namely Narayanappa
purchased the above mentioned land under the sale deed dated 19.04.1975
from Thimmakka and his sons with the condition that if Pukkappa @
Muniyappa and his sons repay the said consideration of Rs.1500/- within four
years, his father will be liable to execute a reconveyance deed in favour of the
said Pukkappa @ Muniyappa and his sons.
3. It is further stated by the petitioner that as per the condition,
said Pukkappa @ Muniyappa and his sons did not come forward to repay
amount and get the reconveyance deed in time. Since the petitioner's father has
been in possession and enjoyment of the property, patta for the same has not
been transferred in favour of the petitioner. The above said Pukkappa @
Muniyappa and others entered into a partition deed with respect to the
property on 09.06.2010 by claiming right over the subject property. Hence, the
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petitioner filed a suit for declaration and recovery of possession in OS.No.101
of 2010 on the file of the District Munsif-cum-Judicial Magistrate I, Hosur. The
said suit was decreed by declaring title of the plaintiff and granting a decree for
recovery of possession.
4. In the affidavit filed in support of this petition, the petitioner
has stated that he has filed a suit for declaration of title and permanent
injunction against the defendants therein and the same was decreed. However,
as seen from the judgment and decree enclosed in the typed set of papers, the
petitioner admitted the possession of the defendants therein and filed a suit for
declaration of title and recovery of possession and the same was decreed.
5. When this Court put a question to the learned counsel for the
petitioner whether petitioner had taken possession of the property through
Court, the learned counsel for the petitioner submitted that the petitioner has
been in possession and enjoyment of the property. However, in the light of the
plaint averment in OS.No.101 of 205, as evidenced in the extract of the plaint
avements in the judgment, the petitioner himself admitted the possession of the
defendants therein and sought for relief of recovery of possession. Unless the
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petitioner establishes that, subsequent to the decree for possession, he obtained
the possession of the property from the defendants therein through Court or
any other legal means, the petitioner is not entitled to assert possession over the
subject property and seek issuance of patta as if he is in possession of the
property.
6. Therefore, this Court is not inclined to issue any positive
direction to the respondents when the petitioner is not able to show that he has
taken possession subsequent to the decree passed in his favour. Therefore, it is
open to the petitioner to execute the decree and get the possession of the
property through Court and then seek issuance of patta in his name.
7. With the above liberty, this Writ Petition is disposed of. No
costs.
06.09.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
dna
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To
1.The District Collector, Krishnagiri.
2.The Sub Collector, Hosur.
3.The Tahsildar, Hosur.
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S.SOUNTHAR, J.
dna
06.09.2024
https://www.mhc.tn.gov.in/judis
