Suganya v. Sivakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Review Application No.220 of 2017 in W.A.No.509 of 2013 A.Ammaiyappan .... Petitioner/Appellant -vs1. The State of Tamilnadu rep. By the Commissioner, Land Administration, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, Karur.
3. The Revenue Divisional Officer, Karur.
4. The Tahsildar, Karur.
5.M.Duraisami 6.Mr.Kuppusamy 7.Mr.Nithyanandam 8.Mr.Karuppa Gounder 9.Mr.Ammaiyappan 10.Mr.Subramani 11.Mr.PalaniappaGounder 12.Mr.AmmaiyappaGounder 13.Mr.N.Ammaiyappan 14.Smt.Selvambal 15.Smt.Sakunthaladevi 16.Smt.Vijayalakshmi 17.Smt.Parameswari 18.Mr.N.Karupannan 19.Mr.M.Muthusamy 20.Mr.Ramasamy 21.Mr.Kandasamy 22.Mr.Ponnusamy 23.Mr.A.PalaniappaGounder 24.Mr.M.Arunachalam 25.Mr.Arumugam 26.Mr.Ramasamy
27.Smt.Samiyathal 28.Mr.Balasubramani 29.Smt.Sudha 30.Smt.Kala 31.Mr.Suresh 32.Mr.Ramesh 33.Smt.Soliammal 34.Smt.Karunambal 35.Mr.Palanisamy 36.Mr.Manoharan 37.Mrs.Marayee 38.Mr.Kuppusamy 39.Mr.Selvaraj 40.Smt.Lakshmi .... Respondents PRAYER: Review Petition filed under Order XLVII Rule 1 & 2 read with Section 114 of the Code of Civil Procedure, 1908 to review the order dated 09.10.2017 made in W.A.No.509 of 2013. WA.NO.509/2013:
Set aside the order dated 15.11.12 made in WP.NO.42464/02 on the file of this court.
WP.NO.42464/2002:
Writ of Certiorarified Mandamus or any other appropriate Writ or order or direction in the nature of Writ calling for the entire records relating to the impugned order in P.M.K.3/22925/02 DT.12.11.2002 on the file of the 1st respondent and quash the same as illegal, arbitrary unenforceable in law and consequently direct the respondents 1 to 4 to grant independent patta my name for S.NO.379 1 A, 379 1B and 379 1C, karur Village, 7.65 acres based on revenue records and thus render justice.
For Petitioner :
Mr.V.Raghavachari For Respondents:
Mr.V.Anandamurthy, AGP - R1 to R4 Mr.R.G.Narendiran - R5 to R7, R10 R18, R20 to R22, R24, R34 & R35 No appearance - R8, 13 to 17, 23, 25 to 28, 30 to 33 and 36 to 39 R40 - D/w --------
O R D E R
[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner has come up with this Review Petition on the ground that while making observation that no Civil Court has given any declaratory relief to any of the parties to the proceedings in respect of 9.82 acres minus 2.17 acres acquired by the Government, the earlier judgement in S.A.No.42 of 2002 dated 10.03.2011 was omitted to be considered by this Court.
2. We have heard learned counsel for the petitioner and the learned counsel for respondent Nos.5 to 7.
3. This Court while deciding the lis involved in W.A.No.509 of 2013 having found that there was no comprehensive Suit filed by the petitioner before a competent Civil Court for declaration of title, observed that there was no Civil Court decree giving any declaratory relief. However, in the very same order, we have referred to the earlier proceedings in S.A.No.42 of 2002. We have relegated the parties to the District Revenue Officer, Karur.
4. We only clarify our earlier order to the effect that the observation with regard to the Civil Court proceedings for declaratory relief was only on account of the non filing of a comprehensive suit by the petitioner. We make it clear that while considering the issue, the District Revenue Officer, Karur shall also take into account all the binding judgments given by the Court which have attained finality.
5. The Review Application is disposed of with the above clarification. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
1. The State of Tamilnadu rep. By the Commissioner, Land Administration, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, Karur.
3. The Revenue Divisional Officer, Karur.
4. The Tahsildar, Karur.
+1cc to Mr.V.Raghavachari, Advocate sr.no.51735 +1cc to Mr.R.G.Narendiran, Advocate sr.no.51624 Review Application No.220 of 2017 in W.A.No.509 of 2013 rv(co) nr 01/08/2018