V.Mariappan v. The Special Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29258 of 2016 V.Mariappan ... Petitioner Vs.

1 The Special Tahsildar (Natham Land Tax Scheme), Tahsildar Office, Chengalpattu.

2 The Thasildar, Thasildar Office, Chengalpattu.

3 The Revenue Divisional Officer, R.D.O. Office, Chengalpattu.

4 The District Revenue Officer, Collector Office, Kancheepuram.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to take appropriate enquiry and action without any delay with respect to the Patta No.85 issued by the 1st respondent Office to Renganayaki and Mariammal who are in no way related to the above land comprised in S.No.143 measuring an extent of 1.34 acres or 134 cents, situated in Keezhakaranai Village, Chengalpattu Taluk for which the petitioner is absolute owner. For Petitioner : Ms.M.Kavithaa For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner claims to be the successor in interest in respect of the landed property admeasuring to an extent of 1.34 acres situated in Keezhakaranai Village, Chengalpattu Taluk and according to him, the said property was purchased by his father namely, Varadhan by a registered sale deed dated 21.11.1927 and after his demise, he succeeded to the Estate. There was rival claim in respect of the said property and one Marudan along with four others had filed a suit in O.S.No.223 of 1986 on the file of the District Munsif Court, Chengalpattu praying for declaration and other consequential relief and it was decreed on 23.04.1997 and challenging the legality of the same, the defendants, which included the petitioner have filed A.S.No.

53 of 1997 on the file of the Court of the Principal Subordinate Judge, Chengalpattu and the said appeal ended in dismissal on 30.11.1998. The petitioner and four others aggrieved by the said judgment and decree passed by the lower Appellate Court, filed second appeal in S.A.No.880 of 1999 and it was allowed vide judgment dated 23.08.1999 and consequently, the petitioner and others are entitled to the said property. 3.The petitioner would further state that one Marudan and Mahendran are also trying to interfere with his peaceful possession and enjoyment and therefore, he filed a suit in O.S.No.25 of 1996 on the file of the District Munsif Court, Chengalpattu for permanent injunction and it was decreed on 12.07.2000 and no further challenge has been made to the said order.

The grievance expressed by the petitioner is that though he has submitted an application dated 02.03.2016, for cancellation of patta granted in favour of Tmt.Renganayaki and Tmt.Mariammal, no orders have been passed by the second respondent and hence, came forward to file this writ petition. 4.Heard the submissions of the learned counsel appearing for the petitioner who would submit that despite the reminder sent by the respondents 3 and 4 dated 11.03.2016 and 14.03.2016 respectively, the second respondent did not choose to pass any orders and therefore, the petitioner is constrained to approach this Court by way of filing this writ petition. 5.This Court also heard the submissions of Mr.A.N.Thambidurai, learned Special Government Pleader who accepts notice on behalf of the respondents.

6.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the second respondent to act on the communication of the third respondent dated 11.03.2016, in O.Mu.No.385/2016/Aa and on the communication of the fourth respondent dated 14.03.2016, in Na.Ka.No.4694/2016/N4 and after putting on notice, to Tmt.Renganayaki and Tmt.Mariammal, shall pass orders, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.

7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1 The Special Tahsildar (Natham Land Tax Scheme), Tahsildar Office, Chengalpattu.

2 The Thasildar, Thasildar Office, Chengalpattu.

3 The Revenue Divisional Officer, R.D.O. Office, Chengalpattu.

4 The District Revenue Officer, Collector Office, Kancheepuram.

+2cc to M/S.M.Kavitha, Advocate Sr.47827 W.P.No.29258 of 2016 rsy[co] srg 08/09/2016