B.Krishnamoorthy v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI B. Krishnamoorthy ... Petitioner vs.

1. The District Revenue Officer, Office of the DRO, Udhagamandalam, Nilgiris District.

2. The Revenue Divisional Officer, Office of the RDO, Coonoor, Nilgiris District.

3. Tashildar, Taluk Office, Coonoor, Nilgiris District.

4. The Zonal Deputy Tashildar, Taluk Office, Coonoor, Nilgiris District.

5. Y.S.Chitra

6. Nandini Ravikumar 1/8

7. Jayanthi Murthy

8. S.N.Raju

9. The Managing Director, CASA QUATRO Private Ltd, First Floor, 42-A, Impression House, GD Ambedkar Marg, Wadia, Mumbai - 400 031.

10. ISPRAVA LUXURY REALTY ONE LLP, First Floor, 42-A, Impression House, GD Ambedkar Marg, Wadia, Mumbai - 400 031.

11. Darshan Ramnik Shaw

12. M.Ravi Murugaiah ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records connected with the first respondent's impugned order in the proceedings No.Se.Mu.Aa.No/U5/3815/2014 dated 25.04.2018 and quash the same and to consequently direct the respondent Nos.2 to 3 to remove the 9th respondent's name in the Joint Patta in respect of S.F.Nos.181/10 (Patta No.1182) and 182/4 (Patta No.1545) and any other subsequent entires and to subsequently include the petitioner's name in respect of the land comprised in SF.Nos.181/10 (Patta No.1182) and 182/4 (Patta No.1545) Yedapalli Village, Coonoor Taluk, Nilgiris District measuring 34 cents (actual 31cents). For Petitioner : Mr.N.Shanmuga Thayumanavan 2/8

For R1 to R4 : Mr.U.Bharanidharan Additional Government Pleader For R5 to R8 : M/s.C.Vidhusan For R9 to R11 : M/s.M.Rajasekhar For R12 : M/s.S.Anitha

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the first respondent dated 25.04.2018 and to consequently direct the respondent Nos.2 to 3 to remove the 9th respondent's name in the Joint Patta in respect of S.F.Nos.181/10 (Patta No.1182) and 182/4 (Patta No.1545) and any other subsequent entires and to subsequently include the petitioner's name in respect of the land comprised in SF.Nos.181/10 (Patta No.1182) and 182/4 (Patta No.1545) situated in Yedapalli Village, Coonoor Taluk, Nilgiris District measuring 34 cents (actual 31cents).

2. It is the case of the petitioner that the petitioner and his family members inherited the above said property from his father namely 3/8

M.Beeman. Thereafter, the eighth respondent colluding with some third parties sold the above said properties vide sale deed dated 24.08.1998 in favour of the eighth respondent and Patta was also issued in his favour. Thereafter, the fourth respondent vide proceedings dated 30.06.2005 ordered to include the names of legal heirs of said Beeman in the Patta. After several appeal proceedings preferred by the eighth respondent, the first respondent vide order dated 25.04.2018, ordered to remove the names of legal heirs of said M.Beeman. Challenging the same, the present Writ Petition has been filed.

3. Learned counsel appearing for the petitioner submitted that the petitioner for the very same dispute, filed a suit in O.S.No.9 of 2022 which is pending on the file of District Munsif Court, Coonoor. However, at the time of arguments, he submitted that the issue involved in the present case pertains to disputed questions of facts and is purely a civil dispute between the petitioner and the private respondents and the same cannot be entertained under Article 226 of the Constitution of India. Hence, he sought permission of this Court to canvass all his grievances before the competent Civil Court 4/8

where the suit is pending and subject to the result of the said suit, this Court may grant liberty to the petitioner to file a fresh application before the revenue officials for mutation of Revenue Records.

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5. In view of the fair stand taken by the learned counsel appearing for the petitioner, this Court permits the petitioner to canvass all his grievances before the competent Civil Court where the suit is pending and based on the outcome of the said suit, liberty is granted to the succeeding party to file a fresh application before the revenue officials for mutation of revenue records. Further, the District Munsif Court, Coonoor, is directed to decide the issue between the parties, without being influenced by the observation made by the revenue officials.

6. Accordingly this Writ Petition is dismissed. No costs 22.09.2022 RAP Index :

Yes/No Speaking order :

Yes/No 5/8

To:

1. The District Revenue Officer, Office of the DRO, Udhagamandalam, Nilgiris District.

2. The Revenue Divisional Officer, Office of the RDO, Coonoor, Nilgiris District.

3. Tashildar, Taluk Office, Coonoor, Nilgiris District.

4. The Zonal Deputy Tashildar, Taluk Office, Coonoor, Nilgiris District.

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M.DHANDAPANI, J.

RAP 22.09.2022 7/8

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