Writ petition filed to quash proceedings cancelling petitioner's patta title and restore name based on final civil suit judgment. Court allowed petition and set aside impugned proceedings.
Impugned proceedings of the third respondent dated 16.11.2010 set aside; petitioner's name to be restored in patta; mutation to be effected.
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.455 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022 CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.455 of 2011 and M.P.(MD)Nos.1 and 2 of 2011
A.Ponnusamy
... Petitioner
versus
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 3rd respondent in Na.Ka.15918/2009/A8 dated 16.11.2010 and quash the same insofar as the petitioner's S.No.168/89 & S.No.168/90 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 3rd 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.
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
ORDER
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.168/89 & S.No.168/90 in 112 Najikottai Village, Thanjavur Taluk.
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W.P.(MD)No.455 of 2011
Sd/-
Assistant Registrar (T&P)
// True Copy //
04/05/2022 Sub Assistant Registrar(CS)
ogy
To
+1 CC to M/s.N.C. ASHOK KUMAR, Advocate ( SR-16552[F] dated 05/04/2022 )
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W.P.(MD)No.455 of 2011
+1 CC to M/s.SPL.GP ( SR-17017[F] dated 06/04/2022 )
W.P.(MD)No.455 of 2011
04.04.2022
KS(CO) KB(05.05.2022) 3P 7C
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2 issues framed by the court
Whether the writ petition should be allowed in view of the final judgment in the connected civil suit dismissal.
Whether the impugned proceedings cancelling the patta should be quashed and the petitioner's name restored.
1 provisions across 1 enactments
A. Ponnusamy
The District Collector, Thanjavur District
The Revenue Divisional Officer, Thanjavur
The Zonal Deputy Thasildar – 3 cum Additional Headquarters Deputy Thasildar, Thanjavur
R. Natarajan
B. Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
