Madras High CourtWP(MD)/8533/2011disposed of

The Vellalar Street Society v. The District Revenue Officer

2016-03-08Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2016

CORAM

THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.8533 of 2011 and M.P.(MD).No.1 of 2011 The Vellalar Street Society Trust, Through its Trustee Mr.Rajagopal.

...

Petitioner Vs.

1.The District Revenue Officer, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram.

3.C.Mathiarasan ...

Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the 1st respondent in his proceedings Na.Ka.P5/C.R./264/2006 dated 18.06.2011 and quash the same and to direct the 1st respondent to issue patta in the name of the Petitioner Society to the land in S.No.53/2 to an extent of 3 Acres 12 Cents, Thondi Village (Group), Thiruvadanai Taluk, Ramanathapuram.

For petitioner : Mr.PT.S.Narendra Vasan For Respondents : Mr.S.Kumar, Additional Govt. Pleader for RR-1 & 2 : Mr.S.A.Ajmalkhan for R-3

ORDER

This writ petition has been filed for issuance of Writ of Certiorarified Mandamus calling for the records relating to the 1st respondent in his proceedings Na.Ka.P5/C.R./264/2006 dated 18.06.2011 and quash the same and to direct the 1st respondent to issue patta in the name of the Petitioner Society to the land in S.No.53/2 to an extent of 3 Acres 12 Cents, Thondi Village (Group), Thiruvadanai Taluk, Ramanathapuram. https://hcservices.ecourts.gov.in/hcservices/

2. After some elaborate arguments, it was brought to the notice of this court that a suit in O.S.No.43 of 2007 for bare injunction as against the third respondent herein is pending. The apprehension of the petitioner is that by virtue of the proposed order to be passed by the District Revenue Officer cancelling the patta in his name, the very title is in question.

3. Hence, the petitioner is directed to convert the said suit into one of declaration. The parties should abide by the civil court's decree. The observation made by the revenue authorities in the revision order will not be a bar for the civil court to independently look into consideration of title. It is made clear that the petitioner would also implead the Government as a party to the said suit, since without the Government as a party, a declaration suit in this context is not maintainable. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar vs To 1.The District Revenue Officer, Ramanathapuram. 2.The Revenue Divisional Officer, Ramanathapuram. +one cc to M/s.S.A.Ajmalkhan, Advocate in SR.No.13480 +one cc to The Special Government Pleader in SR.No. 13220 CSL/NGM-SS/16.03.2016/2P/5C W.P(MD).No.8533 of 2011 08.03.2016 https://hcservices.ecourts.gov.in/hcservices/