S. Ramalingapuram Nadar Uravinmurai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA S.Ramalingapuram Nadar Uravinmurai, Rep., by its President, P.Karupaiyya Nadar, S.Ramalingapuram, Rajapalayam Taluk, Virudhunagar District.
.. Petitioner Vs.
1.The District Collector, District Collector Office, Virudhunagar District.
2.The District Revenue Officer, Office of the District Revenue Officer, Virudhunagar District.
3.The Revenue Tahsildhar, Office of the Tahsildhar, Rajapalayam, Virudhunagar District.
4.The Village Administrative Officer, Office of the Village Administrative Officer, S.Ramalingapuram, Rajapalayam Taluk, Virudhunagar District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to mutate the name of the petitioner in the Natham Adangal Register maintained in his office in respect of the land in S.No.778/1 situated in Samusigapuram Village, Rajapalayam Taluk, Virudhunagar District and also carry out the same in other Village Accounts and registers maintained at the office of the third Respondent by considering the representation of the Petitioner dated 18.06.2024 within a time frame to be fixed by this Court.
For Petitioner :
Mr.S.I.Muthiah For Respondents :
Mr.D.S.Nedunchezhiyan Government Advocate
ORDER
This writ petition is filed for the following relief: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus directing the 3rd respondent to mutate the name of the Petitioner in the Natham Adangal Register maintained in his office in respect of the land in S.No. 778/1 situated in Samusigapuram Village,
Rajapalayam Taluk, Virudhunagar District and also carry out the same in other Village Accounts and registers maintained at the office of the 3rd Respondent by considering the representation of the Petitioner dated 18.06.2024 within a time fixed by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of this case and thus render justice."
2. The brief facts are as follows:
The petitioner is a registered society. The property measuring an extent of 00.800.0 sq. mt. in S.No.778/1, Samusigapuram Village, Rajapalayam Taluk, Virudhunagar District, was purchased by the petitioner-Society under a registered sale deed as early as on 10.01.1921. Since then the petitioner has been in possession and enjoyment of the property. Since the other communities had claimed right to the said property, a suit in O.S.No.734 of 1996 came to be filed by the former on the file of the Additional District Munsif Court, Srivilliputhur. The suit was one for declaration that the property belonged to the plaintiff's community and the Kaliamman Temple known as Muppidathi Amman
Temple, for recovery of possession and for a mandatory injunction to remove the well put up thereon. The suit was filed against the petitionerSociety and four others. Ultimately, the suit came to be dismissed and the title of the petitioner to the property was confirmed. Challenging the same, the plaintiffs in the suit in O.S.No.734 of 1996 have preferred an appeal in A.S.No.5 of 1999 on the file of the Principal District Court, Srivilliputhur, which was also dismissed confirming the judgment and decree of the trial Court. As against the same, S.A.No.269 of 2000 was filed before this Court, which was also dismissed. As a result, the petitioner's right and title over the property beacame absolute. The patta has been mutated in the name of the petitioner i.e.
, "Ramalingapuram Nadar Uravinmurai" as against the name of "Kaliamman Kovil Trustee". By order of the Zonal Deputy Tahsildar, on 01.06.1994, patta in Patta No. 365 was granted to the petitioner. This order was challenged by the plaintiffs in O.S.No.734 of 1996 by way of appeal before the second respondent which was dismissed.
was not effected in the register maintained by the third respondent and the name of "Kaliamman Kovil Trustee" continued to be shown in the Adangal Register. Therefore, the petitioner had given a representation dated 18.06.2024 seeking a direction to the third respondent to effect mutation in the name of the petitioner in respect of the aforesaid properties. Since the application has not been proceeded with, the petitioner is before this Court.
3. Heard the learned counsel on either side.
4. Considering the fact that the petitioner's title has been confirmed by the civil Court and mutation has been effected in all other registers, the third respondent shall consider the representation of the petitioner dated 18.06.2024 and pass orders within a period of six weeks from the date of receipt of a copy of this order, in the light of the civil Court's judgment in O.S.No.734 of 1996 which has been confirmed right up before this Court in S.A.No.269 of 2000 as well as the changes effected by the others in the revenue records.
5. With the above direction, this Writ Petition is allowed. No costs.
03.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, District Collector Office, Virudhunagar District.
2.The District Revenue Officer, Office of the District Revenue Officer, Virudhunagar District.
3.The Revenue Tahsildhar, Office of the Tahsildhar, Rajapalayam, Virudhunagar District.
4.The Village Administrative Officer, Office of the Village Administrative Officer, S.Ramalingapuram, Rajapalayam Taluk, Virudhunagar District.
P.T.ASHA, J.
abr Dated: 03.09.2024