R.Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.25368 and 29211 of 2019 and W.P.No.19234 of 2020 and Crl.RC.No.138 of 2020 and W.M.P.Nos.24914, 29998 and 32762 of 2019 and W.M.P.No.23825 and 23826 of 2020 W.P.No.25368 of 2019:

R.Lakshmi ... Petitioner Vs.

1.The District Collector, Tiruppur District.

2.The District Revenue Officer, Tiruppur, District Collector Office, Tiruppur.

3.The Commissioner of Police, Sirupooluvapatti, Tiruppur District - 641 687. (R3 cause title amended as per order dated 15.11.2019 made in W.M.P.No.27498 of 2019) 4.The Sub-Collector/Revenue Divisional Officer, Tiruppur, Tiruppur District.

5.The Tahasildar, Tiruppur North, Tiruppur District.

6.The Inspector of Police, Tiruppur North Police Station, Tiruppur District.

7.The District Surveyor, Tiruppur, Tiruppur District.

8.The Village Administrative Officer, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District.

9.G.Latha 10.S.N.S.Sukumaran ... Respondents (R10 impleaded vide order dated 04.08.2021 made in W.M.P.No.3299 of 2021) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 31.07.2019 made in Na.Ka.No.4852/2018/A2 passed by the 4th respondent and quash the same and consequently direct the respondents 1, 2, 4 and 5 to include the petitioner's name in the revenue records including Computer Chitta, Town Survey Register and other revenue records in respect of the property comprised in Old Survey Nos.755 and 756 and New Town Survey Nos. 46 to 128 situate at Block No.56, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District.

For Petitioner : Mr.T.Mohan for Mr.D.Gopal For R1 to R8 : Mr.A.M.Ayyadurai Government Advocate For R9 : Mr.AR.L.Sundaresan (Senior Counsel) for Mr.C.Prabakaran For R10 : Mr.K.Myilsamy W.P.No.29211 of 2019:

R.Lakshmi ... Petitioner Vs.

1.The District Collector, Tiruppur District.

2.The District Revenue Officer, Tiruppur, District Collector Office, Tiruppur.

3.The Sub-Collector/Revenue Divisional Officer, Tiruppur, Tiruppur District.

4.Mr.Jeyakumar The Tahsildar, Tiruppur North, Tiruppur District.

5.Mr.Kannamani The Deputy Tahsildar, Tiruppur North, Tiruppur District.

6.Mr.B.Murali, The Tahsildar, Now Presently working as, Divisional Excise Officer, Divisional Excise Office, Near Tiruppur North Police Station, Tiruppur District.

7.G.Latha 8.S.N.S.Sukumaran ... Respondents (R8 impleaded vide order dated 04.08.2021 made in W.M.P.No.3294 of 2021) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate departmental action against the Respondents 4 to 6 for misusing their official power and consequently remove the name of 7th respondent in the revenue records including Computer Chitta, Town Survey Register and other revenue records in respect of the property comprised in Old Survey Nos.755 and 756 and New Town Survey Nos. 46 to 128, Ward K, situate at Block No.56, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District by considering the petitioner's representation dated 13.09.2019. For Petitioner : Mr.T.Mohan for Mr.D.Gopal For R1 to R3 : Mr.A.M.Ayyadurai Government Advocate For R7 : Mr.AR.L.Sundaresan (Senior Counsel) for Mr.C.Prabakaran For R8 : Mr.K.Myilsamy

W.P.No.19234 of 2020:

G.Latha ... Petitioner Vs.

1.The Inspector General of Registration, Santhome, Chennai - 600028.

2.The District Registrar, Tiruppur District, Tiruppur.

3.The District Registrar, Coimbatore District, Coimbatore.

4.The Joint - I Sub Registrar, Tiruppur.

5.The Sub Registrar, Dharapuram, Tiruppur District.

6.The Sub Registrar, Peelamedu, Coimbatore District.

7.N.S.Sukumaran 8.S.Vivek 9.The Branch Manager, H.D.F.C. Bank Limited No.7, Sai Ram Tower, N.S.R. Road, Sai Baba Colony, Coimbatore - 641 011.

10.S.Sujithra 11.Sivakami 12.Maathan 13.Mani 14.Pavanesan 15.Dhanapal 16.R.Lakshmi

17.A.Balasubramaniam 18.Vijayaragavan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned documents Sl.

No.

Date Description Executant Claimants 15.06.2020 Settlement Deed - SRO Peelamedu Sivagami Sugithra 15.06.2020 Sale Agreement - SRO Peelamedu Sugithra Madhan, Mani, Pavan Nesan, Dhanapal Supplemental Deed of Simple Mortgage - SRO Joint I, Tirupur HDFC Bank Limited, Coimbatore Branch.

Vivek, Sugumaran 05.08.2020 07.10.2020 General Power of Attorney - SRO Dharapuram.

Lakshmi, Vijayaragavan A.Balasubramaniam and to quash the same and consequently direct the respondents 4 to 6 to remove the encumbrance from their file in respect of the land situate in Survey No. Old Survey No.601 and New Survey No.755, Old Survey No.602 and New Survey No.756 situate at New Ward No.56, K-Block, Town Survey No.46 to 128, Royapuram Extension, Tiruppur North Taluk measuring to an extent of 7.90 1⁄2 acre.

For Petitioner : Mr.AR.L.Sundaresan (Senior Counsel) for Mr.C.Prabakaran For R1 to R6 : Mr.Yogesh Kannadasan For R7 and R8 : Mr.K.Myilsamy Crl.R.C.No.138 of 2020:

D.Raja ... Petitioner Vs.

1.The Executive Magistrate cum Revenue Divisional Officer, Tiruppur Tiruppur District.

2.The Tahsildar, Tiruppur North Taluk, Tiruppur.

3.The Inspector of Police, Tiruppur North Police Station, Tiruppur.

4.Venkatachalapathy 5.Thangamuthu 6.Kannan 7.R.Surender 8.R.Senthilkumar 9.Rokkaraj 10.Lakshmi 11.S.N.S.Sugumaran 12.Rajendran 13.Veera Sivakumar 14.Jayaprakash 15.Jothi Jayaprakash 16.V.Chandralekha 17.R.Vijayalakshmi 18.S.Veerasamy 19.Rajeswari 20.C.Vijayanandh 21.G.Jayalakshmi 22.M.Karthika ... Respondents PRAYER: Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C., to set aside order dated 31.07.2019 made in Na.Ka.No.4852/2018/A2 on the file of the 1st respondent and to allow the above Criminal Revision Petition. For Petitioner : Mr.AR.L.Sundaresan (Senior Counsel) for Mr.C.Prabakaran

For R1 to R3 : Mr.A.M.Ayyadurai Government Advocate For R10 : Mr.T.Mohan for Mr.D.Gopal For R11 : Mr.K.Myilsamy For R19 : No Appearance For R22 : No Appearance C O M M O N O R D E R W.P.No.25368 of 2019 has been filed to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 31.07.2019 made in Na.Ka.No.4852/2018/A2 passed by the 4th respondent and quash the same and consequently direct the respondents 1, 2, 4 and 5 to include the petitioner's name in the revenue records including Computer Chitta, Town Survey Register and other revenue records in respect of the property comprised in Old Survey Nos.755 and 756 and New Town Survey Nos. 46 to 128 situate at Block No.56, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District.

2. W.P.No.29211 of 2019 has been filed to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate departmental action against the respondents 4 to 6 for misusing their official power and consequently remove the name of the 7th respondent in the revenue records including Computer Chitta, Town Survey Register and other revenue records in respect of the property comprised in Old Survey Nos.755 and 756 and New Town Survey Nos. 46 to 128, Ward K, situate at Block No.56, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District by considering the petitioner's representation dated 13.09.2019.

3. W.P.No.19234 of 2020 has been filed to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned documents Sl.N o.

Date Description Executant Claimants 15.06.2020 Settlement Deed - SRO Peelamedu Sivagami Sugithra 15.06.2020 Sale Agreement - SRO Peelamedu Sugithra Madhan, Mani, Pavan Nesan, Dhanapal

Sl.N o.

Date Description Executant Claimants Supplemental Deed of Simple Mortgage - SRO Joint I, Tirupur HDFC Bank Limited, Coimbatore Branch.

Vivek, Sugumaran 05.08.2020 General Power of Attorney - SRO Dharapuram.

Lakshmi, Vijayaraga van A.Balasubraman iam 07.10.2020 and to quash the same and consequently direct the respondents 4 to 6 to remove the encumbrance from their file in respect of the land situate in Survey No. Old Survey No.601 and New Survey No.755, Old Survey No.602 and New Survey No.756 situate at New Ward No.56, K-Block, Town Survey No.46 to 128, Royapuram Extension, Tiruppur North Taluk measuring to an extent of 7.90 1⁄2 acre.

4. Crl.R.C.No.138 of 2020 has been filed to set aside order dated 31.07.2019 made in Na.Ka.No.4852/2018/A2 on the file of the 1st respondent and to allow the above Criminal Revision Petition.

W.P.No.25368 of 2019

5. The case of the petitioner is that the properties comprised in T.S.No.648/17/1 ad-measuring 3.21 1⁄2 acres, T.S.No.651/17/1 ad-measuring 1.45 1⁄2 acres, T.S.No.648/17/1 admeasuring 1.47 acres and T.S.No.651/17/1 ad-measuring 67 cents in total to an extent of 6.81 acres situated at Thottipalayam Village, Tiruppur North Taluk, Tiruppur District, belong to the petitioner's husband's paternal grandfather viz., N.Palani Boyan. He executed a registered Maintenance Deed dated 24.12.1912 in favour of his wife viz., Kuppammal. In turn, she executed a registered will bequeathing the aforesaid properties dated 02.11.1915 in favour of the petitioner's husband's father viz., Ramasamy.

The petitioner's husband's father was given right only to enjoy the subject properties till his life time and thereafter, the properties shall devolve upon his male legal heirs with powers of alienation. The petitioner's husband's father died on 26.05.1980. Thereafter, the subject properties had devolved upon her husband and his brother Rokkaraj. They filed suits in O.S.No.226 of 2009 and O.S.No.167 of 2012 on the file of the Sub Court, Tiruppur for partition. They were ultimately compromised between the parties on 04.11.2009 and 06.08.2012. Subsequently, the petitioner's husband had executed Settlement Deed in favour of the petitioner dated 09.06.2014 registered vide Document No.6806/2014. After demise of her husband, the petitioner had become absolute owner of the properties.

and the said request was not considered and as such, they were constrained to file writ petitions before this Court in W.P.Nos.8754 and 8755 of 2015. This Court by an order dated 26.03.2015 directed the 5th respondent herein to consider their representation dated 27.01.2015 and pass orders on merits and in accordance with law, after considering the document produced by them.

6. Pursuant to the orders passed by this Court, the 5th respondent herein passed an order on 23.04.2015 in Na.Ka.No.796/2015/A2 thereby, set aside the order passed by the Deputy Tahsildar granting patta in favour of the 9th respondent herein for the reason that she is an encroacher of the property and by using forged documents, she obtained patta in her name in the proceedings dated 11.02.2015 under Patta No.10701. However, the 5th respondent failed to issue patta in favour of the petitioner and her husband's brother Rokkaraj, even in accordance with the compromise decree passed in O.S.No.226 of 2009 and O.S.No.167 of 2012, dated 04.11.2009 and 06.08.2012 respectively. Therefore, they challenged the said order before the 4th respondent by way of appeal.

In fact, the said appeal was not considered by the 4th respondent and as such, they approached this Court in W.P.No.12149 of 2017 and this Court by an order dated 02.06.2017 directed the 4th respondent to dispose the appeal, after giving opportunity of hearing to all the interested parties, within a period of eight weeks from the date of receipt of a copy of the order.

7. Pursuant to the aforesaid order, the 4th respondent by an order dated 27.11.2017 in Na.Ka.No.2431/2015/A2 allowed the appeal filed by them and directed the 5th respondent herein to include the petitioner and her husband's brother names in Patta No.10701. Accordingly, the 5th respondent included their names in the said patta and also mutated other revenue records in respect of the properties comprised in Old.S.Nos.755 and 756 and New Town S.Nos.46 to 128 situated at Block No.56, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District.

8. Challenging the order dated 27.11.2017 passed by the 4th respondent herein, the 9th respondent filed writ petition before this Court in W.P.No.10388 of 2018. This Court by an order dated 27.11.2018 set aside the order passed by the 4th respondent dated 27.11.2017 and remanded back to the 4th respondent herein for fresh disposal. In pursuant to the direction issued by this Court, the 4th respondent conducted fresh enquiry. However, the petitioner was not issued any notice and no opportunity of hearing given to the petitioner and passed the impugned order dated 31.07.2019.

9. On perusal of the counter affidavit dated 09.11.2019 filed by the 9th respondent, revealed that she is in possession and enjoyment of the subject properties, after issuance of patta in favour of her on 20.06.2014 under Patta No.10701.

When the petitioner and her brother-in-law were trying to interfere with the possession of the subject properties, the 9th respondent filed suits in O.S.No.373 of 2014 and O.S.No.501 of 2015 on the file of the Sub Court, Tiruppur for permanent injunction and both the suits are pending. While being so, the 10th respondent herein lodged complaint against the 9th respondent and others alleging that the 9th respondent created documents for the purpose of getting rights over the subject properties. In pursuant to the said complaint, the FIR has been registered in Crime No.9 of 2016 on the file of the City Crime Branch, Tiruppur and the same has been taken cognizance in C.C.No.301 of 2017 on the file of the Judicial Magistrate No.I, Tiruppur.

10. Thereafter, the entire proceedings in C.C.No.301 of 2017 has been challenged by the 9th respondent in Crl.O.P.No.12568 of 2017 before this Court and it is pending. After the order passed by this Court in W.P.No.10388 of 2018, thereby remanded for fresh enquiry to the file of the 4th respondent herein, the petitioner and others tried to disposes the 9th respondent from the subject lands and as such, she lodged complaint before the Inspector of Police, Tiruppur North Police Station. Due to land dispute, it was referred to initiate proceedings under Section 145 of the Criminal Procedure Code before the 4th respondent. The 4th respondent also conducted enquiry in respect of deletion of the 9th respondent's name in Patta No.10701.

11. In fact, aggrieved by the very same impugned order passed under Section 145 of Criminal Procedure Code, the 9th respondent challenged by way of criminal revision in Crl.R.C.No.138 of 2020 before this Court. According to the 9th respondent, the properties comprised in total extent of 6.81 acres along with other properties belongs to one N.Palani Boyan, but it is not correct to state that said N.Palani Boyan is the grate grandfather of the petitioner's husband. The fact remains that the correct name of the said Palani Boyan, is N.Palani Boyan, son of Naidu Boyan, but not the Palani Boyan son of Nayunda Boayan, from whom the petitioner is deriving title. Therefore, the 9th respondent disputed title over the properties in favour of the petitioner herein.

12. On perusal of the counter affidavit dated 28.11.2021 filed by the 10th respondent, revealed that the lands admeasuring to an extent of 11.58 acres comprised in Old.S.No.601 : New S.No.755 and O.S.No.602 : New S.No.756 situated at No.291, Thottipalayam Village, Royapuram Extension, Tiruppur District, was originally belongs to one Palani Boyan and others. His father had purchased the said properties by the Sale Deed dated 23.04.1948 registered vide Document No.678 of 1948. He filed suit in O.S.No.456 of 1950 on the file of the District Munsif Court at Tiruppur for partition and permanent injunction as against the persons, who claimed share over the properties and he has also filed suit

in O.S.No.132 of 1947 on the file of the District Munsif Court at Tiruppur for partition and permanent injunction. Both the suits clubbed together and commonly tried and preliminary decree passed in favour of his father by the judgement and decree dated 14.09.1957 and his father was allotted 4/5 share over the suit properties. The other defendants have filed the appeal suit in A.S.No.98 of 1959 before this Court and there was compromised between them.

13. Accordingly, they also executed release deed vide Document No.3737/1959 in favour of the 10th respondent's father viz., Shanmugam Chettiyar in respect of the property to an extent of 4.82 acres. Accordingly, the 10th respondent's father filed final decree application in I.A.No.303 of 1958 and the property to an extent of 11.58 acres was allotted to the share in E.P.No.345 of 1959, he had taken possession of the property. One of the defendants viz., T.P.Krishnaswami Boyan's claim was dismissed. However, he had alienated the subject property and as such, the purchasers have filed suit in O.S.No.99 of 1963 on the file of the Sub Court, Coimbatore as against the 10th respondent's father for declaration and permanent injunction. The said suit was decreed and after demise of the 10th respondent's father, the 10th respondent and other legal heirs filed appeal suit in A.S.No.304 of 1969 before this Court and the appeal suit was partly allowed by the judgment and decree dated 25.02.1975.

14. Aggrieved by the same, the 10th respondent and other legal heirs filed Letters of Patent of Appeal in L.P.A.No.96 of 1975 before this Court and this Court allowed the said appeal in entirety by the judgement and decree dated 13.10.1976. As against, the purchasers have filed petition in S.C.P.No.143 of 1978 before this Court and the the same was dismissed by this Court by an order dated 22.07.1979. As against the same, they filed S.L.P.(Civil) Nos.4402 and 4403 of 1980 before the Hon'ble Supreme Court of India and the same was also dismissed by an order dated 21.04.1980. Thereafter, they partitioned the said property and Patta No.10701 is jointly issued in their names. Therefore, the said N.Palani Boyan has no title over the subject property and if any documents executed by the said N.

Palani Boyan is nothing but invalid and void ab-initio. Ultimately, the 10th respondent also disputed the title over the subject property and claiming title over the property in the aforesaid manner. In fact, the 10th respondent also lodged complaint before the Inspector of Police, CCB at Tiruppur as against the 9th respondent and others and the same has been registered in Crime No.9 of 2016 for the offences under Sections 465, 467, 468, 471 and 120 (B) IPC. After laying charge sheet, it is pending for trial.

15. On perusal of the counter filed by the 5th respondent, revealed that as per the order passed by this Court, the 4th respondent issued notice to the parties concerned for enquiry. The petitioner's counsel appeared and requested time for

submission of documents. Therefore, the petitioner had knowledge about the enquiry conducted by the 4th respondent as directed by this Court. During the enquiry, the 9th respondent was not appeared and but her power of attorney was appeared and submitted various documents in order to prove her title over the property in question. There are several persons claiming right in respect of the subject property through various orders and judgements and there is no valid and relevant documents to show that the claimants are right over the property. The subject property is not in use for a long period and a decision could not be taken in respect of the right of the property in question and there is no specific declaration about who are the owners of the property. Therefore, all the parties concerned are directed to get relief by approaching the Civil Court.

16. In fact, the 10th respondent filed an appeal as against the impugned order in this writ petition before the 2nd respondent and it is pending. However, the petitioner has taken specific stand that the petitioner was never served any notice by the 3rd respondent and she never engaged any counsel to represent on behalf of the petitioner.

17. On perusal of the order impugned in W.P.No.25368 of 2019 dated 31.07.2019 also revealed that her counsel appeared and sought for time. Admittedly, no written submission filed and no documents were produced before the 3rd respondent, during enquiry. Though copy of the impugned order marked to the petitioner and no order has been served to the petitioner. In the same impugned order stated that the petitioner's brother-in-law represented on behalf of the petitioner. Therefore, the petitioner was not served any notice and she was not given opportunity of hearing by the 3rd respondent, it amounts to clear violation of principles of natural justice.

18. That apart, as stated supra, the petitioner, 9th and 10th respondents are claiming title over the same property by way of separate claim. However, so far, the properties are not declared in any of their favour. Therefore, all the parties, who claim the subject property have to approach the concerned Civil Court for appropriate relief in respect of the title over the property. Though the 4th respondent directed the parties to approach the Civil Court, deleted the name of the petitioner in the joint patta.

19. In view of the above, this Court directed the Tahsildar, Tiruppur North, Tiruppur District/5th respondent herein to restore Patta No.10701 issued in favour of the 9th respondent herein and include the name of the petitioner in the joint patta, within a period of two weeks from the date of receipt of a copy of this order. As directed by the 4th respondent, all the parties are directed to approach the concerned Civil Court for appropriate relief for their respective title over the property. The 5th respondent is also

directed to issue patta to the petitioner subject to the result of the judgment and decree in the suits filed by the respective parties.

20. With the above directions, W.P.No.25368 of 2019 and Crl.R.C.No.138 of 2020 are disposed of.

21. In view of the order passed in W.P.No.25368 of 2019 and Crl.R.C.No.138 of 2020, W.P.No.29211 of 2019 is closed.

22. In view of the order passed in W.P.No.25368 of 2019 and Crl.R.C.No.138 of 2020, W.P.No.19234 of 2020 is disposed of with the direction that the 4th to 6th respondents are directed to remove encumbrance from their file in respect of the property comprised in Old S.No.601 and New S.No.755, Old S.No.602 and New S.No.756 measuring to an extent of 7.90 1⁄2 acre situated at New Ward No.56, K - Block, Town Survey Nos.46 to 128, Royapuram Extension, Tiruppur North Taluk, subject to the result of the suits filed by the respective parties. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dm To 1.The District Collector, Tiruppur District.

2.The District Revenue Officer, Tiruppur, District Collector Office, Tiruppur.

3.The Commissioner of Police, Sirupooluvapatti, Tiruppur District - 641 687. 4.The Sub-Collector/Revenue Divisional Officer, Tiruppur, Tiruppur District.

5.The Tahasildar, Tiruppur North, Tiruppur District.

6.The Inspector of Police, Tiruppur North Police Station, Tiruppur District.

7.The District Surveyor, Tiruppur, Tiruppur District.

8.The Village Administrative Officer, Thottipalayam Village, Tiruppur North Taluk, Tiruppur District.

9.The Inspector General of Registration, Santhome, Chennai - 600028.

10.The District Registrar, Tiruppur District, Tiruppur.

11.The District Registrar, Coimbatore District, Coimbatore.

12.The Joint - I Sub Registrar, Tiruppur.

13.The Sub Registrar, Dharapuram, Tiruppur District.

14.The Sub Registrar, Peelamedu, Coimbatore District.

15.The Executive Magistrate cum Revenue Divisional Officer, Tiruppur District.

+2 ccs to Mr.S.Ananth, Advocate Sr.NO.1393 & 1394 +3 ccs to Mr.C.Prabakaran, Advocate Sr.NO. 1461,1462 & 1463 +1 cc to Mr.N.A.Nissar Ahmed, Advocate Sr.NO. 1788 +1 cc to Spl Government Pleader Sr.NO. 2025 +2 ccs to Mr.S.Ananth, Advocate Sr.NO. 1392,1391 [02/03/2022] +1cc to Mr.C.Prabakaran, Advocate, SR.No.1465 [08/04/2022] +1cc to Government Pleader SR.No.1986 (26/05/2022) W.P.Nos.25368 and 29211 of 2019 and W.P.No.19234 of 2020 and Crl.RC.No.138 of 2020 RP(CO) A.SK(22.02.2022)