Petitioner challenged a patta issued in the name of the sixth respondent for her purchased land, alleging fraud and no notice. The court noted the statutory appeal under the Tamil Nadu Patta Passbook Act and disposed of the writ petition with liberty to appeal within four weeks.
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.24171 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2024
CORAM :
THE HON'BLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.24171 of 2024 and W.M.P.(MD)Nos.20439& 20440 of 2024
Susheela Jeyarani ... Petitioner
Vs
1/6
W.P(MD)No.24171 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned order of issuance of two individuals patta in the name of Sundaramahalingam i.e. the sixth respondent bearing No.5771 in relation to the property bearing Survey No.1153 situated at Sivalarkulam Village, Alangulam Taluk, Tenkasi District and quash the same as erroneous and consequently direct the third respondent to restore the original joint patta to the said property bearing No.2733 forthwith.
For Petitioner : Mr.S.Palanivelayutham,
For R1 to R4 : Mr.P.Thambidurai Government Advocate
O R D E R
This writ petition is filed as against the patta issued in the name of
the sixth respondent in patta No.5771 for the property in S.No.1153 situated in Sivalarkulam Village, Alangulam Taluk, Tenkasi District.
2.The learned Counsel appearing for the petitioner submits that the
subject property in S.No.1153 at Sivalarkulam Village is the property belongs to the petitioner and she has purchased it by way of a registered
2/6
W.P(MD)No.24171 of 2024
sale deed, dated 23.05.2006 from Ilangavathi Ammal in Document No. 1511/2006. However, the sixth respondent, by creating a forged document has obtained a patta fraudulently from the Tahsildar/third respondent. He further submits that the original patta stands in the name of Ilangavathi Ammal and the petitioner, however, without issuing notice to the said Ilangavathi Ammal and the petitioner/the subsequent purchaser, the third respondent has transferred the patta in the name of the sixth respondent. He also submits that since the order has been passed behind her back, the petitioner was not aware of the order passed by the third respondent and on knowing the same, she has filed this petition.
3.The petitioner is having a remedy under the Tamilnadu Patta Passbook Act. Appeal provision is available under Section 12 of the said Act. As per Rule 14 of the TN Patta Pass Book Rules, the appeal as against the orders of the Tahsildar has to be filed within a period of thirty days. In this case, the petitioner claims that she was not aware of the order passed by the Tahsildar in the year 2021 and the order has been passed behind her back that too without issuing any notice to her vendor, namely, Ilangavathi Ammal and also to her.
3/6
W.P(MD)No.24171 of 2024
4.Since the petitioner is having a remedy, this writ petition is disposed of with liberty to the petitioner to file the statutory appeal under the Tamilnadu Patta Passbook Act, within a period of four weeks, from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.
16.10.2024 Internet :Yes Index :Yes/No NCC :Yes/No
LR
4/6
W.P(MD)No.24171 of 2024
To
5/6
W.P(MD)No.24171 of 2024
B.PUGALENDHI, J.
LR
W.P(MD)No.24171 of 2024
16.10.2024
1 issue framed by the court
Should the writ petition against a patta transferred to the sixth respondent be entertained despite the statutory appeal remedy under the Tamil Nadu Patta Passbook Act?
3 provisions across 3 enactments
Susheela Jeyarani
The District Collector, Tenkasi
The Revenue Divisional Officer, Tenkasi
The Thasildar, Alangulam
The Village Administrative Officer, Sivalarkulam Village
P.N. Abraham
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
