Madras High Court
K.Ponnammal vs / on 24 April, 2025
W.P.(MD)No.5367 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.04.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
W.P.(MD) No.5367 of 2025
K.Ponnammal ... Petitioner
/Vs./
1.The District Revenue Officer,
Dindigul District,
Dindigul.
2.The Revenue Divisional Officer,
Dindigul District,
Dindigul.
3.The Tahsildar,
Dindigul East Taluk Office,
Dindigul District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records
pertaining to the impugned proceedings issued by the 1st respondent vide
Na Ka No.2411/2021/A4 dated 14.01.2023 and quash the same as illegal
and unconstitutional and consequently directing the respondents herein
to issue separate patta in favour of the petitioner as per the judgment and
1/6
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W.P.(MD)No.5367 of 2025
decree passed in S.A.No.258 of 2001 dated 18.09.2017 on the file of this
Court.
For Petitioner : Mr.B.James Arasu
For Respondents : Mr.M.Lingadurai
Special Government Pleader
ORDER
Heard Mr.B.James Arasu, learned counsel for the petitioner and
Mr.M.Lingadurai, learned Special Government Pleader for the
respondents.
2.The petitioner challenges the order of the first respondent in
Na.Ka.No.2411/2021/A4 dated 14.01.2023 on the ground that the
petitioner has been allotted 88 cents in the eastern side, contrary to the
allotment by the competent Civil Court, which came to be confirmed up
to this Court in Second Appeal proceedings, alloting the western side
measuring an extent of 88 cents to the writ petitioner.
3.Infact, the Tahsildar as well as the Revenue Divisional Officer
have complied with the decree of the competent civil Court and issued
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patta to the writ petitioner. However, on going through the impugned
order, as rightly contended by the learned counsel for the petitioner, I
find that there is no clarity with regard to the observations and findings
rendered by the first respondent. At one place, the first respondent states
that he is confirming the order of the respondents 2 and 3, yet at another
place, he sets aside the orders of the respondents 2 and 3.
4.In any event, the authorities are bound by the judgment and
decree passed in O.S.No.1472 of 1986, which came to be confirmed by
this Court, by dismissing S.A.No.258 of 2001, by judgment and decree,
dated 18.07.2017, which has also admittedly become final.
5.In the light of the above, the impugned order is set aside and the
matter is remitted to the first respondent to consider the request of the
private respondents, who are the appellants in S.A.No.258 of 2001
afresh, after affording an opportunity to the petitioner herein as well as
the appellants in S.A.No.258 of 2001. The first respondent shall keep in
mind the judgement and decree of the civil Court, which came to be
confirmed by this Court in S.A.No.258 of 2001, vide judgment and order
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dated 18.09.2017, in and whereby the petitioner's entitlement to the
western extent of 88 cents has been affirmed. The first respondent shall
pass final orders within a period of 12 weeks from the date of receipt of a
copy of this order.
6.It is made clear that in the event of any mutation having been
given effect to subsequent to the impugned order passed on 14.01.2023
and prior to the writ petition being filed on 24.02.2025, any persons, who
may have taken the benefit under such mutation, shall also be put on
notice and heard.
7.In fine, the Writ Petition is allowed. No costs.
Index : Yes / No 24.04.2025
NCC : Yes / No
mm
TO:-
1.The District Revenue Officer,
Dindigul District,
Dindigul.
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2.The Revenue Divisional Officer,
Dindigul District,
Dindigul.
3.The Tahsildar,
Dindigul East Taluk Office,
Dindigul District.
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P.B. BALAJI, J.
mm
Order made in
Dated:
24.04.2025
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