Pappathi Ammal v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.(MD)No.21817 of 2019 Pappathi Ammal ... Petitioner /Vs./ 1.The Revenue Divisional Officer and Sub District Collector, Uthamapalayam Division, Theni District.
2.The Tahsildar, Uthamapalayam Taluk, Theni District.
3.Parthiban ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the 1st respondent made in his proceedings in Na.Ka.No.3449/2018/A4 dated 17.10.2019 and to quash the same as illegal and consequentially direct the 1st respondent to restore the proceedings in Na.Ka.No.A3/3449/2018. For Petitioner : Mr.M.Sridharan For R-1 & R-2 : Mr.M.Pandiarajan Additional Government Pleader
ORDER
Mr.M.Sridharan, learned counsel for writ petitioner is before this Court.
2. An 'order dated 17.10.2019 bearing reference Na.Ka.No.3449/2018/A4 made by the first respondent' (hereinafter referred to as 'impugned order' for the sake of brevity) has been called in question. Land admeasuring 3 acres or thereabouts originally comprised in S.No.62/4 in Odaipatti Village, Uthamapalayam Taluk, Theni District was subsequently sub-divided as S.No.62/4A, S.No.62/4B and S.No.62/4C and Patta Nos.1916, 353 and 374 respectively were issued for subdivided survey numbers. Even 1/4
according to the impugned order, S.No.62/4 admeasuring 3 acres or thereabouts originally stood in the name of one Poochi @ Sivanandi Thevar (prior to UDR) and this Court is informed that said Poochi @ Sivanandi Thevar is writ petitioner's spouse. Besides, this S.No.62/4, another land admeasuring 11 cents or thereabouts in S.No.62/8 was also assigned by the Government to the said individual Poochi @ Sivanandi Thevar as can be culled out from the impugned order.
3. Be that as it may, post sub-division of S.No.62/4 in the aforesaid manner, S.No.62/4B, S.No.62/4C are survey numbers where joint pattas were issued and according to impugned order, some error had occurred in this regard.
4. Writ petitioner had petitioned first respondent in July 2018. A plaint came to be filed on 25.01.2019 being O.S.No.41 of 2019 on the file of Sub Court, Uthamapalayam. This suit has been filed by the third respondent in instant writ petition arraying writ petitioner as first defendant, besides one Sekar and the first respondent RDO ('RDO' stands 'Revenue Divisional Officer') as defendants 2 and 3 respectively. Plaint Schedule Property reads as follows:
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5. Suit is for declaration of title and consequential injunction besides other incidental, ancillary, residual prayers and the prayer paragraph in the plaint reads as follows:
6. This Court is informed that writ petitioner has been duly served in the suit and learned State counsel who accepts notice on behalf of the respondents 1 and 2 submits that the first respondent RDO (3rd defendant in the suit) has also received suit summons.
7. Learned counsel for writ petitioner submitted that suit pertains to survey numbers 62/4A, 62/4B and 62/5A relatable to patta Nos.1916, 353 and 1616 respectively. Learned counsel for writ petitioner submitted that S.No.62/4C does not form part of the suit.
8. Considering the nature of the matter, this Court is convinced that it would not be appropriate to sever the subdivisions qua suit and impugned order. Therefore, this Court is 3/4
left with the considered view that there is no tenable ground to interfere with the impugned order as it is primarily predicated on pendency of aforementioned suit.
9. The writ petitioner has also been served with suit summons besides the first respondent RDO, who passed impugned order. The parties have to necessarily await suit being carried to its logical end.
10. Suffice to say that it is open to writ petitioner to approach the first respondent with the same plea after disposal of the suit and obviously subject to outcome of the suit.
11. Writ Petition is disposed of with above directives. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) sm Encl:
Copy of the Scanned Images To 1.The Revenue Divisional Officer and Sub District Collector, Uthamapalayam Division, Theni District.
2.The Tahsildar, Uthamapalayam Taluk, Theni District.
+1 CC to M/s.S.BALAKARTHICK, Advocate ( SR-102334[F] dated 28/11/2019 ) +1 CC to M/s.SPL GP ( SR-102371[F] dated 28/11/2019 ) Order made in Dated: 27.11.2019 JMN(06.01.2020) 4P : 5C 4/4