Madras High CourtWP(MD)/7490/2017dismissed

The Pe.Na.Pethatchi Chettiar v. The Revenue Divisional Officer

2017-04-21Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.7490 of 2017 W.M.P.(MD) No.5861 of 2017 The.Pe.Na.Pethatchi Chettiar .. Petitioner Vs 1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai, Sivagangai District.

3.R.Somasundaram .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of Mu.Mu.A3/6076/2014 dated 13.08.2015 and quash the same and consequently direct the 1st respondent to issue patta in the petitioner's favour in Survey No.135/5 extent of 0.33.30 Survey No.277/1 extent of 0.22.40 in Perathukottai Group, Devakottai Taluk, Sivagangai Ditrict.

For Petitioner : Mr.P.Muthusamy For Respondents 1 & 2 : Mr.K.Mahesh Raja Government Advocate

ORDER

The petitioner has approached this Court seeking quashment of the proceedings of the 1st respondent in Mu.Mu.A3/6076/2014 dated 13.08.2015 and consequently to direct the 1st respondent to issue patta in favour of the petitioner for Survey No.135/5 measuring an extent of 0.33.30 and Survey No.277/1 measuring an extent of 0.22.40 in Perathukottai Group, Devakottai Taluk, Sivagangai District.

https://hcservices.ecourts.gov.in/hcservices/ 2.According to the petitioner, he has title over the subject

land. However, the third respondent, who has purchased the property in different survey number has wrongly included the property owned by the petitioner in the sale deed. In such circumstances, the petitioner appears to have approached the first respondent for issuance of patta. However, the first respondent by the impugned proceedings dated 13.08.2015, rejected the claim of the petitioner and directed him to approach the Civil Court for establishing his rights.

3.According to the respondents 1 and 2, on the earlier occasion an enquiry was conducted and an order was passed in 1988 itself and after a period of 16 years the petition has been filed before the Revenue Divisional Officer.

4.In any event, by the impugned proceedings the first respondent has only directed the petitioner to approach the civil Court. This Court does not find any infirmity in the order passed. Therefore, the Writ Petition is devoid of merits and the same is dismissed. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

Sd/- Assistant Registrar (C) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai, Sivagangai District.

+ 1 CC TO Mr.P.MUTHUSAMY, ADVOCATE IN SR No. 53304 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 53980 SJ TE/SV : 04/05/2017 : 2P/5C W.P(MD)No.7490 of 2017 W.M.P.(MD) No.5861 of 2017 21.04.2017 https://hcservices.ecourts.gov.in/hcservices/