Madras High Court
R.Thangavelu vs The Zonal Deputy Tahsildar on 7 January, 2025
W.A.(MD) No.1064 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.A.(MD) No.1064 of 2021
and
C.M.P.(MD) No.4753 of 2021
R.Thangavelu ... Appellant
-vs-
1.The Zonal Deputy Tahsildar
Karur Taluk
Karur District
2.Kaliyanna Gowtham ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 12.03.2021, passed in W.P.(MD) No.5534 of 2021, on the file of
this Court.
For Appellant : Mr.K.Suresh
For Respondents : Ms.D.Farjana Ghoushia
Special Government Pleader for R1
Mr.S.Sarvagan Prabhu for R2
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W.A.(MD) No.1064 of 2021
JUDGMENT
[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.]
The unsuccessful writ petitioner is the appellant herein.
2. The appellant filed the writ petition challenging the patta
transfer proceedings of the first respondent, dated 08.03.2020, on the ground
of violation of principles of natural justice as the patta was originally stood in
his name and without affording any opportunity of hearing to him, the second
respondent was wrongly included and entries had been altered in the revenue
records.
3. The learned Single Judge, by order dated 12.03.2021,
dismissed the writ petition by holding that in view of the provisions of the
Tamil Nadu Patta Passbook Act, 1983, there is an appeal remedy available to
the appellant before the Revenue Divisional Officer and further revision before
the District Revenue Officer and the appellant filed the writ petition without
exhausting the alternative remedy provided under the statute. Challenging
the same, this writ appeal.
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4. According to the appellant the property to an extent of 0.39
Acre in S.F.Nos.357 and 358 situated at Thirumanilayur Village, Karur Taluk
and District, was purchased by him on 01.09.2003 from the father of the
second respondent, who executed a registered sale deed as a power agent of
K.Dhanababu. Further, according to the appellant, he has been in possession
and enjoyment of the property without any interruption and a patta has also
been issued in his favour in patta No.587. The appellant also purchased
further extent of 0.91 Acre in the very same survey number and the property
in turn had been sold to third parties and their names have also been
included in the patta. While the matter stood thus, he came to know that the
name of the second respondent has been included in patta Nos.587 and 593
along with the appellant's name. The appellant found that the name of the
second respondent has been wrongly included and the entries had been
altered.
5. Heard the learned counsel on either side and perused the
materials available on record.
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6. On perusal of the order passed by the learned Single Judge, it
is seen that the the writ petition filed by the appellant has been dismissed only
on the ground of availability of appeal remedy under the Tamil Nadu Patta
Passbook Act, 1983. Further, it is seen that the order impugned in the writ
petition has been passed by the first respondent, without due notice or
affording an opportunity of hearing to to the appellant, in whose name,
admittedly, on the date of passing the said order, the patta in respect of the
subject property stood. In such circumstances, the first respondent ought to
have issued notice to the appellant before altering / modifying / effecting
mutation in the revenue records. Hence, we find that there is violation of
principles of natural justice.
7. Accordingly, the order order dated 08.03.2020, passed by the
first respondent, is hereby quashed and the matter is remanded back to the
file of the first respondent to pass orders afresh after issuing notice and
affording due opportunity of hearing to the parties concerned. It is made clear
that this Court is not expressing any opinion on the alleged compromise
decree entered into between the parties concerned or the previous sale deed
executed in favour of the appellant. The first respondent shall pass orders on
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merits and in accordance with law, within a period of twelve weeks from the
date of receipt of a copy of this order.
8. With the above directions, this writ appeal is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[T.K.R., J.] [N.S., J.]
07.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Zonal Deputy Tahsildar,
Karur Taluk,
Karur District.
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https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN, J.
AND
N.SENTHILKUMAR, J.
krk
and
07.01.2025
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