Dismissed

Ramu v. The District Collector

Madras HC25 Aug 2023WP/1047/2018

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a Revenue Officer's order cancelling an individual patta in the petitioner's name and granting a joint patta. The Court held that questions regarding ownership rights should be decided by the civil court in pending litigation.

What did the court decide?

The Writ Petition stood dismissed. No costs awarded. Connected Miscellaneous Petition was closed.

Ramu Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P.No.1047 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.08.2023

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.1047 of 2018

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and

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W.M.P.No.1262 of 2018

Ramu

... Petitioner

Vs.

1.The District Collector, Kancheepuram Kancheepuram District.

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2.The District Revenue Officer, The Collector Office Campus, Kancheepuram.

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3.The Tahsildar, Thiruperumadur, Kancheepuram District.

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4.Sundaram

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, t o call for records of the order passed by the 2^nd respondent in Na.Ka.8868/ 2016/ N.3 dated 09.11.2017 and quash the same consequently directing the 2^nd respondent to change the name in patta No.418 from Kuppusamy Naicker to Kuppusamy

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.1047 of 2018

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Naidu.

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For Petitioner : Mr.D.M.Mahesh For R1 to R3 : Mr.G.Krishna Raja Additional Government Pleader For R4 : No Appearance

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O R D E R

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The order impugned dated 09.11.2017 issued by the District Revenue Officer, Kancheepuram cancelling the individual patta stood in the name of the petitioner and granting joint patta along with the 4^th respondent is under challenge in the present writ petition.

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The learned counsel for the petitioner mainly contended that the

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name of the father of the petitioner was erroneously stated in the patta proceedings.

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However, it is not as if, based on such error, the joint patta has been granted. The District Revenue Officer categorically considered the revenue records as well as the documents and formed an opinion that the individual patta granted was incorrect and consequently ordered for grant of joint patta

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.1047 of 2018

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in the name of the petitioner, the 4^th respondent and his brothers.

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If at all the petitioner claims to be the owner of the entire portion of

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the property, he has to establish his case before the competent civil court of law.

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The learned counsel for the petitioner brought to the notice of this Court that a civil suit has already been instituted and decreed in favour of the petitioner. However, the defendants in the suit preferred an appeal, which is now pending.

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That being the factum, the parties are at liberty to establish their respective civil rights in the appeal suit, which is now pending and after disposal of the civil litigation and reaching finality either of the parties is at liberty to submit an application before the Revenue Authorities under the provisions of the Tamil Nadu Patta Pass Book Act, to effect necessary changes.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.1047 of 2018

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7. With these observations, this Writ Petition stands dismissed. No

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costs. Consequently, connected Miscellaneous Petition is closed.

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25.08.2023

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Jeni Index : Yes Speaking order Neutral Citation : Yes

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1.The District Collector, Kancheepuram Kancheepuram District.

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2.The District Revenue Officer, The Collector Office Campus, Kancheepuram.

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3.The Tahsildar, Thiruperumadur, Kancheepuram District.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.No.1047 of 2018

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S.M.SUBRAMANIAM, J.

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Jeni

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W.P.No.1047 of 2018

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25.08.2023

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

Ramu v. The District Collector

Case brief

What is this about?

What did the court decide?

Ramu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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