V.K.Tamilmani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.6907 of 2014 and MP.No.1 of 2014 V.K.Tamilmani

...Petitioner

Vs

1. The Revenue Divisional Officer, Chengalpattu, Kanchipuram District

2. The District Revenue Officer, Kanchipuram District, Kanchipuram

3. Nithimathi

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 30.09.2011 in Na.Ka.No.32696/ 2010 / N4 passed by the second respondent and quash the same and consequently direct the second respondent to takeup the appeal afresh and dispose in accordance with law.

For Petitioner : No appearance For Respondents For R1&2 : Mr.M.R.Gokul Krishnan, Government Advocate For R3 : Mr.L.Chandrakumar

ORDER

This writ petition is filed to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 30.09.2011 in Na.Ka.No.32696/ 2010 / N4 passed by the second respondent and quash the same and

consequently direct the second respondent to takeup the appeal afresh and dispose in accordance with law.

2. The case of the petitioner is that the land admeasuring 2.22 acres comprised in survey No.74/1 situated at Vedanarayanapuram Village, Chengalpet originally belonged to one Kathirvel alias Sivaprakasam, who is none other than the father of the petitioner herein. However, the revenue records stood in the name of R.Sivaprakasam and not stood in full name i.e. Kathirvelu alias Sivaprakasam. The adangal extract for fasli year 1378, 1379 and 1382 stood in the name of Kathirvelu alias Sivaprakasam. During the life time of his father, he executed settlement deed dated 07.11.2008 in favour of his sons including the petitioner. While being so, in the year 2005 by fraud, forged sale deed was executed in the year 1988 by one Sivaprakasa Mudaliar in the name of one, G.Balasubramaniam with the connivance of the third respondent's husband.

However, no such Sivaprakasa Mudaliar was available in the said address. Therefore, the petitioner also lodged complaint and the same was registered in Cr.No.87 of 2011 for the offences under Sections 419, 465, 468, 471 and 420 of IPC. The husband of the third respondent is a politically influenced person and managed to keep in abeyance. On the strength of the forged and fabricated sale deed, the third respondent had transferred patta and as such the petitioner preferred an appeal and the said appeal was dismissed. Aggrieved by the same, the petitioner preferred a revision before the second respondent and the same was also dismissed.

3. On perusal of the impugned order dated 30.09.2011, stated that mere patta do not confer any title and as such parties are directed to approach the civil court to ascertain their respective title. That apart, the appeal was dismissed on the ground of laches also. As per Section 14 of the Patta Passbook Act, 1983, after order passed under Section 13 of the Patta Passbook Act in a revision, parties have to approach the civil court to ascertain their title over the property to get patta. Therefore, the second respondent rightly directed the petitioner to approach civil court for appropriate relief. Hence, this Court finds no merits in this writ petition and the same is liable to be dismissed.

4. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to approach civil court for appropriate relief and if he succeeds in the civil suit, he can very well approach the authority concerned for issuance of

patta. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar lok To

1. The Revenue Divisional Officer, Chengalpattu, Kanchipuram District

2. The District Revenue Officer, Kanchipuram District, Kanchipuram +1CC to Mr.C.Prakasam, Advocate, Sr.No.56981 +1CC to Mr.Government Pleader, Sr.No.57634 WP.No.6907 of 2014 CA (CO) K.RK. (29.11.2021)