Writ petition challenging deletion of name from joint patta. Court held title dispute avoids writ jurisdiction. Ordered name restored pending dismissal of rival civil suit.
Impugned order deleting name from joint patta quashed. Petitioner's name restored to joint patta pending trial in Civil Court. Connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.10666 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.10666 of 2012 and
M.P(MD)Nos.2 and 3 of 2012 & 1 of 2013 and
W.M.P(MD)No.18282 of 2018
C.Kattai Durai ... Petitioner
Vs.
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W.P(MD)No.10666 of 2012
7.Raja Rajeswari ... Proposed Respondents (R4 to R7 are impleaded as legal heirs of R4 vide Court Order, dated 17.06.2022 in M.P(MD)No.1 of 2015)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent in Na.Ka.b5/45253/2011 dated 20.04.2012 , quash the same.
For Petitioner : Mr.T.Arul For Respondents : Mr.D.Sasi Kumar Additional Government Pleader for R1 to R3 Mr.T.Veera Kumar for Mr.AKannan for R5 to R7
ORDER
The present writ petition has been filed challenging an order
passed by the first respondent herein, under which the name of one Regina Beevi was directed to be deleted from the joint patta in Patta No.1255 in Survey No.546/4. The said order was passed on an application filed by one Kasthuri Ammal.
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Beevi. The deletion of the name of his ancestor in title would affect his
title. Hence,the writ petition.
rival title to an extent of 20 cents in joint Patta No.1255 for Survey No.546/4. Any inclusion or deletion of the names in the joint patta would not have any influence upon the title of the petitioner or the private respondents. The counsel appearing on either side brought to the notice
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of this Court that a suit in O.S.No.118 of 2021 has been filed by the private respondents before the Sub-Court, Ramanathapuram as against the writ petitioner for the relief of declaration of title and recovery of possession. However, the said suit seems to have been dismissed for default on 18.03.2022. The said Regina Beevi is admittedly one of the purchasers (though alleged to have purchased in excess of the share of Chellaiah Pillai). Hence, pending the civil proceedings, the said Regina Beevi’s name shall be restored to the joint patta. The Civil Court shall dispose of the suit on merits without being influenced by the order passed by this Court in the writ petition or by the revenue authorities.
05.07.2022 gbg Index : Yes / No Internet : Yes / No
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W.P(MD)No.10666 of 2012
To
R.VIJAYAKUMAR ,J.
gbg
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W.P(MD)No.10666 of 2012
Order made in W.P(MD)No.10666 of 2012
Dated: 05.07.2022
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3 issues framed by the court
Whether the deletion of a name from a joint patta is maintainable via a writ petition
Whether the Civil Court has jurisdiction to declare title despite revenue proceedings
Whether the name of a purchaser excluded by excess sale should be restored pending civil suit
1 provisions across 1 enactments
C.Kattai Durai
District Revenue Officer
Revenue Divisional Officer
Tahsildar
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
