Parthiban v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025
CORAM:
THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).Nos.11675 and 11677 of 2024 and W.M.P(MD).Nos.10416, 10417, 10418 and 10422 of 2024
1. Parthiban ... Petitioner in W.P(MD)No.11675 of 2024
2. Anandhan ... Petitioner in W.P(MD)No.11677 of 2024 Vs.
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600005.
2. The District Collector, Pudukkottai District, Pudukkottai
3. The District Revenue Officer, Pudukkottai District, Pudukkottai
4. The Tahsildar, Kulathur Taluk, Pudukkottai District.
5. Thiru.Dharmaraj
6. Thiru.Posangu ... Respondents in both W.Ps 1/8
Prayer in W.P.(MD)No.11675 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 3rd respondent in Pro.R.Dis.D3/9905/2022 dated 04.04.2024 and quash the same as arbitrary and consequently direct the 4th respondent to restore the patta in the revenue records as well as in the computer Tamil Nilam package with regard to an extent of 2.68.50 hectares of land comprising in S.No.163/2 of Rakkathampatti village, Kulathur Taluk, Pudukkottai District which was standing in the name of Thiur.Parthiban S/o.Sekar, the second petitioner herein under patta No. 998.
Prayer in W.P.(MD)No.11677 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 3rd respondent in Pro.R.Dis.D3/9905/2022 dated 04.04.2024 and quash the same as arbitrary and consequently direct the 4th respondent to restore the patta in the revenue records as well as in the computer Tamil Nilam package with regard to an extent of 0.40.50 comprising in S.No.163/1 of Rakkathampatti village, Kulathur Taluk, Pudukkottai District under patta No.901.
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For Petitioner : Mr.M.Raja Rajan (in both W.Ps) For R1 to R4 : Mr.M.Lingadurai Special Government Pleader (in both W.Ps) For R5 : Mr.R.Pon Karthikeyan (in both W.Ps) For R6 : No Appearance (in both W.Ps)
ORDER
By this common order, both the writ petitions are being disposed of.
2. Considering the limited scope of relief sought for in these writ petitions, with the consent of the learned counsel on either side, these writ petitions are taken up for final disposal.
3. The petitioners are present in person. The 5th respondent who is the contesting respondent in both these writ petitions is also present. The writ petitioners as well as the 5th respondent confirmed that they have amicably resolved the dispute and the 5th respondent has also issued 3/8
No Objection Letter for the patta which is already been mutated in favour of the writ petitioners pursuant to the impugned/interim order of this Court being sustained/confirmed.
4. I have personally inquired with the 5th respondent regarding the said settlement and the 5th respondent has also confirmed the settlement deed of the writ petitioners. Equally, the writ petitioners have also stated that the matter is amicably settled with the 5th respondent and in so far as the 6th respondent, they have already purchased the share of the 6th respondent. I have also perused the joint memorandum of compromise entered into between the writ petitioners and the 5th respondent which have been filed in the respective writ petitions.
5. It is seen from the joint memorandum of compromise that in respect of W.P.(MD)No.11677 of 2024, a sum of Rs.70,000/- was outstanding and in respect of W.P.(MD)No.11675 of 2024, a sum of Rs.4,30,000/- was outstanding. However, the said amounts have been paid today to the 5th respondent. The 5th respondent also admits the acknowledgment of receipt of Rs.5,00,000.
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6. In view of the above, there can be no impediment of this court to record the compromise entered between the parties and also full payment made as agreed under the compromise agreement in full and final satisfaction of the 5th respondent. The No Objection Letter given by the legal heirs of the 5th respondent is also attached to the joint memorandum of compromise and the same shall form part and parcel of the joint memorandum of compromise.
7. It is also brought to my notice that pursuant to the interim order granted in these writ petitions, patta has already been mutated in the name of the writ petitioners. In view of the compromise and withdrawal of the objections by the 5th respondent, patta which is already been mutated in the name of the writ petitioners shall continue to have effect and shall be valid.
8. The writ petitions stands disposed of in terms of the joint memorandum of compromise, which shall form part and parcel of the order.
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9. With these observations and directions, writ petitions stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
14.03.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 6/8
To
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600005.
2. The District Collector, Pudukkottai District, Pudukkottai
3. The District Revenue Officer, Pudukkottai District, Pudukkottai
4. The Tahsildar, Kulathur Taluk, Pudukkottai District.
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P.B.BALAJI , J.
rgm W.P.(MD).Nos.11675 and 11677 of 2024 and W.M.P(MD).Nos.10416, 10417, 10418 and 10422 of 2024 14.03.2025 8/8