Allowed

Thiru. Arulpaulraj, v. the District Collector

Madras HC4 Apr 2022WP(MD)/454/2011

Case brief

AI extract

What is this about?

The Hon'ble Madurai Bench of the Madras High Court allowed a writ petition challenging the 3rd respondent's proceedings cancelling the petitioner's patta. The court set aside the impugned proceedings, holding them in light of a final subordinate court judgment dismissing the suit filed by the 4th respondent. The connected miscellaneous petition was closed.

What did the court decide?

Writ of Certiorari to call for records of the impugned proceedings of the 3rd respondent in Na.Ka.15918/2009/A8 was issued, and the impugned proceedings dated 16.11.2010 were set aside. No costs. Conn

Thiru. Arulpaulraj, Vs the District Collector — Landlord and Tenant | Madras HC (2022)

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W.P.(MD)No.454 of 2011

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Arulpaulraj

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.454 of 2011 and M.P.(MD)No.1 of 2011

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... Petitioner

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versus

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The District Collector, Thanjavur District.

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The Revenue Divisional Officer, Thanjavur.

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The Zonal Deputy Thasildar – 3 cum Additional Headquarters Deputy Thasildar, Thanjavur.

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R.Natarajan ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings of the 3^rd respondent in Na.Ka.15918/2009/A8 dated 16.11.2010 and quash the same insofar as the petitioner's S.No.168/94 in 112 Najikottai Village, Thanjavur Taluk is concerned, as illegal, arbitrary and without jurisdiction and consequently, direct the third respondent to restore the name of the petitioner in the said patta and further direct the 3^rd respondent to effect mutation of patta only in accordance with the final Judgment in the civil suit in O.S.No.114 of 2010 on the file of the Principal Sub Court, Thanjavur.

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For Petitioner : Mr.H.Lakshmi Shankar for Mr.T.V.Sivakumar For R1 to R3 : Mr.D.Gandhiraj, Special Government Pleader For R4 : Mr.M.Saravanan

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ORDER

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This writ petition is filed against the proceedings of the third respondent dated 16.11.2010, cancelling the patta stands in the name of the petitioner, in respect of the property in S.No.168/94 in 112 Najikottai Village, Thanjavur Taluk.

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The learned counsel for the petitioner submits that in respect of the said property, the fourth respondent herein has https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.454 of 2011

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already filed a suit in O.S.No.114 of 2010 before the Principal Sub Court, Thanjavur, for declaration and permanent injunction and pending the suit, the third respondent has passed the order impugned in this writ petition and as a subsequent development, the suit in O.S.No.114 of 2010 filed by the fourth respondent herein was dismissed by the learned Additional Subordinate Judge, Thanjavur, by Judgment and Decree dated 22.03.2017.

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The said submission of the learned counsel for the petitioner is also affirmed by the learned counsel for the fourth respondent. He also submits that no further appeal has been filed against the Judgment and Decree dated 22.03.2017 passed by the learned Additional Subordinate Judge, Thanjavur. Therefore, the Judgment and Decree dated 22.03.2017 passed by the learned Additional Subordinate Judge, Thanajavur, has become final.

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In view of the same, the writ petition is allowed and the impugned proceedings of the 3^rd respondent in Na.Ka.15918/2009/A8 dated 16.11.2010 is hereby set aside. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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04/05/2022 Sub Assistant Registrar(CS)

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ogy

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The District Collector, Thanjavur District.

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The Revenue Divisional Officer, Thanjavur.

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The Zonal Deputy Thasildar – 3 cum Additional Headquarters Deputy Thasildar, Thanjavur.

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+1 CC to M/s.N.C. ASHOK KUMAR, Advocate ( SR-16551[F] dated 05/04/2022 )

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+1 CC to M/s.T.V. SIVAKUMAR, Advocate ( SR-16591[F] dated 05/04/2022 W.P.(MD)No.454 of 2011 04.04.2022 KS(CO)

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https://hcservices.ecourts.gov.in/hcservices/ KB(05.05.2022) 2P 6C

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Thiru. Arulpaulraj, v. the District Collector

Case brief

What is this about?

What did the court decide?

Thiru. Arulpaulraj, v. the District Collector

Case brief

What is this about?

What did the court decide?

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