R.S. Sornam v. R. Rathinam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE P.VADAMALAI and C.M.P.(MD) No.1381 of 2018 R.S.Sornam ... Appellant/3rd Party Vs.

1.R.Rathinam ... 1st Respondent/Petitioner 2.The District Collector, Tuticorin District, Tuticorin.

3.The Revenue Divisional Officer, Tuticorin.

4.The Tahsildar, Srivaikuntam Taluk, Tuticorin District.

... Respondents 2 to 4/Respondents

Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 11.12.2014 made in W.P.(MD) No.20112 of 2014. For Appellant :

Mr.T.Selvan For RR2 to 4 :

Mr.A.Baskaran Additional Government Pleader For R1 :

No appearance

JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.) This appeal is preferred by a 3rd party to W.P.(MD) No.20112 of 2014, which came to be disposed of by a learned Single Judge of this Court vide his order dated 11.12.2014, whereunder the learned Judge has directed the 3rd respondent before him viz., the Tahsildar, Srivaikuntam Taluk to consider the petitioner's representation dated 17.05.2014 which he had made for issuance of patta to properties in R.S.Nos.105b/2b, 72/1, 94/1, 98/3, 100/3, 67 and 68.

2. The contention of the appellant is that he is the original owner of the property and the writ petitioner seeks issuance of patta based on a collusive

decree obtained by him in O.S.No.87 of 2009 on the file of the Sub Court, Tuticorin to which the present appellant is not a party. The learned counsel also submitted that the said decree later came to be set aside by this Court in C.R.P.(MD) No.1318 of 2012 vide order dated 18.10.2019.

3. This Court may not enter into a finding vis-a-vis the title to the property, which eventually may have to be decided by a competent civil Court. So far as the present issue is concerned, this Court merely directs the 4th respondent herein (3rd respondent before the Writ Court) to issue notice both to the writ petitioner as well as to this appellant and act strictly in accordance with law.

4. With the above direction, this Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (N.S.S., J.) (P.V.M., J.) NCC : Yes/No 08.04.2024 Index : Yes/No Internet : Yes ABR

N. SESHASAYEE, J.

and P.VADAMALAI, J.

ABR To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Tuticorin.

3.The Tahsildar, Srivaikuntam Taluk, Tuticorin District.

08.04.2024