Sathiyamoorthy v. The District Collector

1 W.P.(MD)NO.14818 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14818 of 2020 AND W.M.P.(MD)No.12473 of 2020 Sathiyamoorthy ... Petitioner Vs.

1. The District Collector, Pudukottai District.

2. The Sub Registrar, Thirumayam, Pudukottai District.

3. The Assistant Settlement Officer, Land Settlement Office, Pudukottai.

4. The District Revenue Officer, Pudukottai.

5. The Revenue Divisional Officer, Pudukottai.

6. The Tahsildar, Thirumayam, Pudukottai.

7. The Special Tahsildar, O/o.the Land Acquisition Proceedings, Thirumayam Taluk, Pudukottai. ... Respondents /Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to quash the impugned order of 4th respondent in 1/6

2 W.P.(MD)NO.14818 OF 2020 Ne.Mu.6635/2017 (D3) dated 23.01.2020 and quash the consequential impugned order of the 6th respondent in Ne.Mu. 11525/2016/A6 dated 31.01.2020 and consequently direct the 3rd respondent to rectify the settlement land register (SLR) in S.F.No.559/2 old S.F.No.559/3A Thirumayam Taluk No.71 Thirumayam Village, Pudukottai and direct the 1,3 to 5 respondents to issue patta in the name of petitioner's father Nagappa Chettiar, Son of Muthukaruppan Chettiar and direct the 2nd respondent not to register any sale deed in S.F. No.559/2B situated at Thirumayam Taluk, Pudukkottai Village and further direct the 7th respondent to disburse the compensation amount for acquisitiion fo land in S.F.No.559/2A situated at Thirumayam Taluk, Pudukottai within the stipulated time as prescribed by this Court.

For Petitioner : No appearance.

For Respondents : Mr.S.Kameshwaran, Government Advocate.

* * *

O R D E R

None appears for the writ petitioner.

2. When the matter was listed yesterday, there was no representation. Today the matter was posted under the caption " for dismissal ". Today also there is no representation. The respondents have filed counter affidavit and the learned Government Advocate took me through its contents. 2/6

3 W.P.(MD)NO.14818 OF 2020

3. I went through the materials on record.

4. The case on hand pertains to the property comprised in survey No.559/2 in Thirumayam Village, measuring an extent of 0.22.0 Hac. The writ petitioner and his brother Narayanan filed a petition before the District Revenue Officer, Pudukkottai for cancelling the patta issued in favour of one Ramaiah and Ramasamy. According to the petitioner, the error took place during UDR. He would argue that prior to UDR, the revenue record reflected in the name of the petitioner's father's name Nagappa Chettiar and Nataraja Pillai. The District Revenue Officer, Pudukkottai conducted an enquiry and passed the impugned order restoring the original position in the revenue record. In other words, patta was directed to reflect the names of Nataraja Pillai, S/o.Ulaganathapillai and Nagappa Chettiar, S/o.Muthukaruppa Chettiar. Contending that the revenue record should reflect the name of his father alone and not that of Nataraja Pillai, the present writ petition came to be filed.

5. It is seen that the petitioner and his brother had earlier filed W.P.(MD)No.8877 of 2016 for directing the authorities to consider their representation dated 24.12.2014. The said writ petition was disposed of on 16.02.2023. During the intervening period, the order impugned in this writ petition came 3/6

4 W.P.(MD)NO.14818 OF 2020 to be passed.

6. The learned Government Advocate has made available all the relevant "A" Register extracts. The position that obtained prior to UDR is clear therefrom. It reflects the names of Nataraja Pillai as well as Nagappa Chettiar in respect of survey No.559/2. That is why, while closing the said writ petition, the learned Judge noted that since the writ petitioners had already filed O.S.No.131 of 2021 before the learned Additional District Munsif, Pudukkottai, they were directed to work out their remedy in the pending suit. When the petitioner and his brother have already filed civil suit after issuance of the impugned order, the question of considering the claim on merits in this writ petition does not arise at all. This writ petition stands disposed by relegating the petitioner to pursue his remedy in the pending suit.

7. I make it clear that I have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed.

05.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 4/6

5 W.P.(MD)NO.14818 OF 2020 To:

1. The District Collector, Pudukottai District.

2. The Sub Registrar, Thirumayam, Pudukottai District.

3. The Assistant Settlement Officer, Land Settlement Office, Pudukottai.

4. The District Revenue Officer, Pudukottai.

5. The Revenue Divisional Officer, Pudukottai.

6. The Tahsildar, Thirumayam, Pudukottai.

7. The Special Tahsildar, O/o.the Land Acquisition Proceedings, Thirumayam Taluk, Pudukottai.

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6 W.P.(MD)NO.14818 OF 2020 G.R.SWAMINATHAN,J.

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