The High Court disposed of a Writ Appeal where the petitioner sought a direction to cancel a patta. The Court noted pending civil suits regarding title to the property and remitted the matter to the appropriate authorities for determination after the suits are concluded.
The Writ Appeal is disposed of. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.564 of 2021
and C.M.P.No.2331 of 2021
Villivakkam Velu ... Appellant
Vs.
1. Anitha
2. The District Collector, Chennai.
3. The District Revenue Officer, Singaravelar Maligai, Chennai – 01.
4. The Tahsildar, Aminjikarai Taluk, Chennai.
5. The Revenue Divisional Officer,
Anna Nagar,
Chennai .. Respondents
Prayer : Writ Appeal filed under Clause 15 of Letters Patent
praying to set aside the order dated 18.12.2020 passed in
W.P.No.19161 of 2020 and allow the above writ appeal.
Prayer in W.P.No.19161 of 2020: Writ Petition filed under
section 226 of Constitution of India praying for issuance of
writ of Mandamus Directing the 2nd respondent to cancel the
patta which stood in the name of the 4th respondent and further
restore the patta in the name of chetpet Purushotaman Naidu in
patta No.176 wiht respect to survey No.155/1 Block No.34 survey
filed no.4 Poonamallee High Road Koyambedu village Chennai
measuring 27 cents.
For Appellant: Mr.S.Prabhakaran,
Senior Counsel
for Mr.S.Udhayakumar
For Respondent-1 : Ms.R.Poornima
For Respondents-2 to 5: Mr.C.Jayaprakash
Government Counsel
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is directed against the order passed by
the learned Single Judge dated 18.12.2020 in W.P.No.19161 of
2020, which was filed by the first respondent herein seeking for
a direction to the third respondent herein to cancel the patta,
which stood in the name of the appellant herein and restore the
patta in the name of one Purushotaman Naidu in patta No.176 with
respect to Survey No.155/1, Block No.34, Survey Field No.4,
Poonamallee High Road, Koyambedu Village, Chennai, measuring an
extent of 27 cents.
2.It appears that there are rival claims between
the parties. The appellant was shown as the fourth respondent
in the writ petition. However, the said Writ Petition was
disposed of at the stage of admission itself, even without
issuing notice.
3. The learned counsel for the appellant now pointed out
that, even as early as on 27.07.2019, vide proceedings in
Na.Ka.No.2019/153/02/004132, the Tahsildar, Aminjikarai Taluk,
Chennai, the fourth respondent herein, had passed an order on
the application made by the writ petitioner seeking for patta,
stating that, since O.S.No.5715 of 2014 filed by her is pending
before the Civil Court, patta cannot be granted before finality
is reached in the civil suit.
4.In the meanwhile, the appellant herein has
settled the property in favour of his son one V.Nagarajan. He
had also produced the patta passbook in favour of the appellant
issued in the year 1977. Today, the Tahsildar, Aminjikarai
Taluk Office, Chennai has filed his counter affidavit stating
that the suit filed by the writ petitioner in O.S.No.5715 of
2014 is pending before the III Assistant Judge, City Civil
Court, Chennai. Besides, the appellant's son also has filed
another suit in O.S.No.3639 of 2020 and the same is also
pending. Till such time, both the suits are tried and brought
to a logical conclusion, deciding the title of the parties,
patta cannot be issued or even enquiry in this regard cannot be
proceeded with. Therefore, it is open to the parties to go
before the appropriate authorities, after the suits are disposed
of.
5.With the above observations, the Writ Appeal is
disposed of. No costs. Consequently, the connected
miscellaneous petition is closed.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
Sub Assistant Registrar
srn
To
1. The District Collector, Chennai.
2. The District Revenue Officer, Singaravelar Maligai, Chennai – 01.
3. The Tahsildar,
Aminjikarai Taluk,
Chennai.
4. The Revenue Divisional Officer, Anna Nagar, Chennai
+1CC to M/s.S.Udhaya Kumar, Advocate, SR.No. 46442 +1CC to The Government Pleader, SR.No. 46856W.A.No.564 of 2021
and C.M.P.No.2331 of 2021
RR(CO)
B.VC (06/10/2021)
1 issue framed by the court
Whether the High Court should interfere in a matter where civil suits regarding title are pending?
Villivakkam Velu
Anitha
The District Collector, Chennai
The District Revenue Officer, Singaravelar Maligai, Chennai – 01
The Tahsildar, Aminjikarai Taluk, Chennai
The Revenue Divisional Officer, Anna Nagar, Chennai
PUSHPA SATHYANARAYANA
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court