Madras High Court
S.Dakshinamoorthy vs R.Karunanithi on 19 September, 2024
Author: S.S.Sundar
Bench: S.S. Sundar
WA.No.2803/2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
WA.No.2803/2024
&
CMP.Nos.20576 & 20578/2024
S.Dakshinamoorthy ... Appellant
Vs.
1.R.Karunanithi
2.Tmt.K.Karpagavalli
3.The Revenue Divisional Officer
Thirumangalam, Chennai District.
4.The Tahsildar
Ambatur Taluk Office, Ambattur,
Chennai District.
5.Minor Logeshwaran
rep.by his Mother and Natural Guardian
K.Sulochana
6.Minor Kumaresan
rep.by his Father and Natural Guardian
S.Saravanamurthy ... Respondents
1
https://www.mhc.tn.gov.in/judis
WA.No.2803/2024
Prayer : Writ Appeal filed under Clause 15 of Letters Patent against the
impugned order dated 11.07.2024 made in WP.No.15734/2024.
For Appellant : Mr.V.Karthikeyan
For RR 3&4 : Mr.G.Krishna Raja,AGP
JUDGMENT
[Judgment of the Court was delivered by S.S.SUNDAR, J.,]
(1)The present writ appeal is directed against the order of the learned Single
Judge dated 11.07.2024 made in WP.No.15734/2024 filed by respondents
1 and 2 herein to quash the proceedings of the Tahsildar, Ambattur Taluk
dated 03.07.2023 and to direct the Tahsildar to issue separate patta to the
writ petitioners in recognition of their 1/4th right in the property in
S.No.603/2A.
(2)Brief facts that are necessary for the disposal of this appeal are as
follows:-
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(3)The appellant and respondents 1, 2, 5 and 6 are co-owners in respect of a
property owned by the appellant’s father. It is not in dispute that as
between the co-sharers based on the Will executed by the father of the
appellant, a partition was effected by a registered Deed dated 30.09.2019.
(4)This Court has perused the Schedule in the Will as well as the Partition
Deed dated 30.09.2019 to confirm that under the Partition Deed, in tune
with the terms of the Will, all the four sharers have been given an extent
of 1299 sq.ft., with reference to specific boundaries. The existence extent
and identity of property is not in dispute, as the contention was raised by
the learned counsel for the appellant that there is some discrepancy in the
Partition Deed is found to be unsustainable. For the purpose of sub-
division, the other sharers have made attempts and it appears that there is
no cooperation among sharers for unknown reasons. By the order
impugned in the writ petition, the Tahsildar, Ambattur Taluk, refused to
sub-divide the property and give separate patta by recording a reason that
the appellant has made some allegations of illegal encroachment against
the writ petitioners.
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(5)This Court is unable to find any serious issue regarding entitlement of the
parties as per the Partition Deed. In the Partition Deed, the writ
petitioners / respondents 1 and 2 were allotted ‘C’ Schedule property and
the appellant was allotted ‘B’ Schedule property. Each item as per the
Partition Deed is allotted to individual sharer with reference to
measurements and specific boundaries on all four sides. Hence, the 4th
respondent in the writ appeal, was directed by the learned Single Judge to
sub-divide ‘C’ Schedule property and issue separate patta to the writ
petitioners. The learned Judge also observed that separate patta can also
be issued to other persons if they also make such request for grant of
separate patta. There is no civil suit as regards allotment of share as per
the Partition Deed. In such circumstances, this Court presume that the
parties are not disputing the Partition Deed. Even if there is discrepancy,
the aggrieved can only file a suit for rectification.
(6)In view of the above, this Court finds no merit in the writ appeal.
(7)The learned counsel for the appellant has only stated that he has no
objection if the sub-division is in accordance with the Partition Deed dated
30.09.2019. This Court has already given direction to the Tahsildar only
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to sub-divide ‘C’ Schedule property as per the Partition Deed in favour of
the writ petitioners / respondents 1 and 2 herein. The appellant also can
submit an application for sub-division and separate patta. If the other
parties also apply for sub-division and separate patta, the same shall also
be granted to them in accordance with the Partition Deed.
(8)With the above observations, the writ appeal stands dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
[S.S.S.R., J.] [K.R.S., J.]
19.09.2024
AP
Index : Yes / No
Internet : Yes
Neutral Citation : Yes / No
To
1.The Revenue Divisional Officer
Thirumangalam, Chennai District.
2.The Tahsildar
Ambatur Taluk Office, Ambattur,
Chennai District.
https://www.mhc.tn.gov.in/judis
S.S. SUNDAR, J.,
and
K.RAJASEKAR, J.,
AP
19.09.2024
https://www.mhc.tn.gov.in/judis
