Arul Thevan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2022
CORAM:
THE HONOURABLE DR JUSTICE G.JAYACHANDRAN W.P.(MD) No.10701 of 2022 and W.M.P(MD)No.7740 of 2022 Arul Thevan ... Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The District Revenue Officer, Dindigul District, Dindigul.
3.The Thasildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.
4.The Surveyor, Kodaikanal Taluk, Kodaikanal, Dindigul District.
5. The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.
6. R.Valliyammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the third respondent to issue necessary revenue documents to the petitioner showing that the house property in his residential house No.1/2021 Kookkal Village situated in survey No.1225/4 absolutely belonged to the petitioenr.
For Petitioner : Mr.M.Punitha Deva Kumar For R1 to R5 : Mr..A.Kannan, Additional Government Pleader
O R D E R
Pursuant to the direction of this Court dated 31.03.2022 issued in W.P.(MD)No.5770 of 2022 filed by one Valliammal, the Tashildar, Kodaikanal Taluk, Dindigul District has made an attempt to measure 1/3
the property in Survey No.1225/4 in Gundupatti Village, Kodaikanal Taluk, Dindigul District.
2. The petitioner herein, claiming that he is residing in House No.1/202 Kookal Village, situated in Survey No.1225/4, seeks mandamus directing the Tahsildar to issue necessary revenue documents to the petitioner conferring title. It is pertinent to note that already a civil suit is pending between the writ petitioner herein and Valliyammal, who is the petitioner in W.P.(MD) No.5770 of 2022 and the sixth respondent in the present writ petition.
3. The typed set of papers furnished by the petitioner herein contains the patta issued in favour of the petitioner herein and his family members. It is in respect of Survey No.1225/2 and not for Survey No.1225/4. While so, the present writ petition is filed as if the residence of the petitioner herein is in Survey No.1225/4 and mandamus is sought for issuance of revenue documents. 4.
The Additional Government Pleader submits that the petitioner herein, who is holding patta in Survey No.1225/2, is obstructing the execution of High Court's order regarding measurement in Survey No.1225/4 and in order to obstruct the measurement, the present Writ Petition is filed.
5. This Court, on perusing the records, could able to find that while the petitioner was issued with patta in Survey No.1225/2, he now seeks revenue documents and title documents for Survey No.1225/4 through this Writ Petition, which is inconsistent to his own documents. Furthermore, the petitioner cannot obstruct lawful execution of the order of this Court regarding measurement in Survey No.1225/4 of Gundupatti Village, Kodaikanal Taluk. Therefore, the petitioner herein holding patta for some other survey number cannot seek revenue documents for another survey number, when a suit is already pending and the direction of this Court issued in earlier Writ Petition in W.P.(MD)No.5770 of 2022 dated 31.03.2022 is to be executed by the third respondent and hence, this Court finds no merit in the present Writ Petition.
6. In fine, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Vacation Officer // True Copy // / /2022 Sub Assistant Registrar(CS) CM/Ogy 2/3
To 1.The District Collector, Dindigul District, Dindigul.
2.The District Revenue Officer, Dindigul District, Dindigul.
3.The Thasildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.
4.The Surveyor, Kodaikanal Taluk, Kodaikanal, Dindigul District.
5. The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.
+1 CC to M/s.M. PUNITHA DEVA KUMAR, Advocate ( SR-24245[F] dated 02/06/2022 ) +1 CC to M/s.SPL.GP ( SR-24249[F] dated 02/06/2022 ) W.P.(MD) No.10701 of 2022 and W.M.P(MD)No.7740 of 2022 01.06.2022 MGJ(09.06.2022) 3P 8C 3/3