Madras High Court
Saravana Poly Threads (P) Ltd vs The District Collector on 9 September, 2024
Author: P.T.Asha
Bench: P.T.Asha
W.P.(MD) No.4061 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.P.(MD) No.4061 of 2016
and
W.M.P(MD)No.3642 of 2016
Saravana Poly Threads (P) Ltd.,
Rep by its Executive Director,
K.M.Thiruvenkata Subramaniam
S/o.K.Masiappa Gounder
No.74/2, Singiripalayam Pirivu,
A.Kodivery Post-638 454
Gopi Taluk,
Erode District. .. Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
Collectorate,
Tirunelveli-627 009.
2.The Tahsildar,
Radhapuram Taluk,
Radhapuram-627 111.
3.Tamil Nadu Boothan Board/
The Commissionerate of Land Reforms,
1/8_________
Page 1 of 8
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.4061 of 2016
Ezhilagam,
Chepauk,
Chennai-600 005. .. Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Mandamus, directing the
respondents 1 and 2 to change all the revenue records pertaining to the
lands bearing Survey Nos.1355/1C and 1355/1A totally to an extent of 4
acres situated in Veppilankulam Village, Radhapuram Taluk in
Tirunelveli District in the name of the petitioner and to issue a
computerized or other patta in an existing format in the name of the
petitioner within a time frame as may be fixed by this Court.
For Petitioner :Mr.S.Subbiah
For R1 to R3 :Mr.B.Saravanan
Additional Government Pleader
ORDER
This writ petition is filed for a writ of Mandamus to direct the
respondents 1 and 2 to change all the revenue records pertaining to the
lands bearing Survey Nos.1355/1C and 1355/1A totally measuring an
extent of 4 acres, situated in Veppilankulam Village, Radhapuram Taluk
in Tirunelveli District, in the name of the petitioner and to issue a
computerized or other patta in an existing format in the name of the
petitioner.
2/8_________
https://www.mhc.tn.gov.in/judis
2.The case of the petitioner is that the larger extent of the lands
including the lands in question comprised in S.Nos.1355/1C and
1355/1A, totally measuring an extent of 4 acres belonged to one
Rangasamy Reddiar. The said Rangasamy Reddiar, who constituted
undivided Hindu Joint family, had entered into a registered partition
deed, dated 10.07.1953 with his three sons viz., Narayana Reddiar,
Balakrishna Reddiar and Ramakrishna Reddiar. The said sons were
minors at the time of partition. The subject lands along with other lands
were allotted to the share of Narayana Reddiar, who was in possession of
the same, represented by his next friend and guardian. Despite the
property being allotted to the share of his minor sons, the said
Rangasamy Reddiar appears to have executed gift deed in favour of the
third respondent on 12.04.1957. On coming to know about the same, the
said Narayana Reddiar had filed a suit in O.S.No.1072 of 1980 before the
Principal Subordinate Court, Tirunelveli, for declaration and permanent
injunction. The said suit, on account of enhancement of pecuniary
jurisdiction, was transferred to the file of the District Munsif Court,
Tirunelveli and renumbered as O.S.No.308 of 1982. The defendant in the
3/8_________
https://www.mhc.tn.gov.in/judis
suit were State represented by the District Collector and the Chairman of
the then Madras State Boothan Board, Madurai. After hearing the parties,
the learned District Munsif, Tirunelveli, decreed the suit as prayed for
and no appeal has been filed against the judgment and decree and the
same became final. Therefore, the title of Narayana Reddiar has been
declared and thereafter, he passed away, leaving his wife Subbulakshmi
Ammal as his only legal heir. She had sold the lands to one NEPC India
Ltd., under a registered sale deed, dated 18.10.2004.
3.Despite the suit being decreed, the respondents 1 and 2 failed to
update the revenue records and the property continued to be shown as
Government Boomi Dhan. The said NEPC Ltd., on the surmise that the
said Subbulakshmi Ammal had sold the property without having title
over the same, had filed a suit in O.S.No.230 of 1998 before the
Additional Subordinate Court, Tirunelveli, for recovery of money. After
contesting the said suit, the same was dismissed holding that the said
Subbulakshmi Ammal had a perfect title and interest over the properties.
Therefore, the title of Narayana Reddiar and his wife Subbulakshmi
4/8_________
https://www.mhc.tn.gov.in/judis
Ammal had been reiterated twice by the civil Court. The said NEPC
Ltd., sold the lands in question in favour of the petitioner under a
registered sale deed, dated 18.10.2004 and the petitioner is in possession
of the same. The first respondent sent a letter dated 15.03.2005 to the
third respondent regarding the restoration of the revenue records, for
which, neither the petitioner nor the NEPC Ltd., sent any reply and the
same was still pending. The petitioner sent a legal notice dated
21.01.2015 to the respondents. Though all the respondents received the
said notice, the second respondent by his notice dated 09.04.2015 called
upon the petitioner to appear for an enquiry on 27.04.2015 with all
documents. The petitioner, through his letter dated 13.05.2015 through
his counsel, sent copies of all relevant documents to the second
respondent. However, no steps have been taken. Hence, the petitioner is
before this Court.
4.Considering the fact that the respondents had filed a counter
statement without even having the possession of the documents
mentioned therein, clearly shows that absolutely non-application of mind
5/8_________
https://www.mhc.tn.gov.in/judis
on the part of the respondents for disposing of the said application.
However, considering the fact that the title of Narayana Reddiar and his
wife had been declared twice by the civil Court and as the respondents
have not deemed it fit to challenge the decree obtained by the said
Narayana Reddiar in O.S.No.308 of 1982, a mandamus is issued to the
respondents to mutate the revenue records pertaining to the lands in
S.Nos.1355/1C and 1355/1A, after verifying the original documents
produced by the petitioner as called for by the respondents and the
respondents is satisfied about the documents produced by the petitioner
then the respondents shall issue patta to the petitioner positively on or
before 04.10.2024.
5.With the above direction, this writ petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
6.For reporting compliance, post the matter on 22.10.2024.
09.09.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
6/8_________
https://www.mhc.tn.gov.in/judis
To
1.The District Collector,
Tirunelveli District,
Collectorate,
Tirunelveli-627 009.
2.The Tahsildar,
Radhapuram Taluk,
Radhapuram-627 111.
3.Tamil Nadu Boothan Board/
The Commissionerate of Land Reforms,
Ezhilagam,
Chepauk,
Chennai-600 005.
7/8_________
https://www.mhc.tn.gov.in/judis
P.T.ASHA, J.
Ns
and
09.09.2024
8/8_________
https://www.mhc.tn.gov.in/judis
