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S.Ramar, v. the District Revenue Officer

Madras HC4 Feb 2025WA(MD)/962/2021

Case brief

AI extract

What is this about?

Keywords: excess land in patta; 2.68 acres; Suresh Kannan; S. Ramar; patta correction; Virudhunagar; Sivakasi; Srivilliputhur; Thasildar; Revenue Divisional Officer; District Revenue Officer; direction to dispose revenue appeal within three months; writ appeal disposed no costs; Clause XV Letters Patent; challenge to order dated 11-03-2021 in W.P(MD).No. 5285 of 2021; concession limiting claim to purchased extent; ground reality versus sale deed extent.

What did the court decide?

Writ appeal disposed of with a direction to the first respondent, the District Revenue Officer, Virudhunagar, to dispose of the appellant's pending appeal on merits and in accordance with law within three months from receipt of a copy of the judgment; no costs; connected miscellaneous petition (C.M.P.(MD)No.7529 of 2021) closed. ¶31

S.Ramar, Vs the District Revenue Officer — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the fourth respondent, M.Suresh Kannan, has been given excess land in the patta beyond the 2.68 acres purchased by him, and how the appellant's grievance regarding the ground reality is to be resolved.

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Court's answer

The Court placed on record the concession of the fourth respondent that he claims only 2.68 acres and would be satisfied if the revenue record reflects his entitlement in respect of the subject property as 2.68 acres; it is not in dispute that the fathers of the appellant and of the fourth respondent each purchased 2.68 acres from their respective vendors.

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Ratio / Principle

Even though the appellant's father purchased 2.68 acres from his vendor, if that does not correlate with the ground reality, the appellant has to work out that aspect only before the jurisdictional District Revenue Officer in the pending appeal.

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Key takeaways

The first respondent (District Revenue Officer) was directed to dispose of the appellant's appeal on merits and in accordance with law within a period of three months from the date of receipt of a copy of the judgment.ratio¶30

Detailed headnote1 paragraphs

Writ Appeal (W.A.(MD)No.962 of 2021), Madurai Bench of Madras High Court, coram G.R.Swaminathan and M.Jothiraman, JJ. (judgment by G.R.Swaminathan, J.), decided 04.02.2025. Patta-extent dispute between S.Ramar (appellant) and M.Suresh Kannan (fourth respondent): it was not in dispute that the fathers of the appellant and the fourth respondent had each purchased 2.68 acres from their respective vendors, and counsel for the fourth respondent categorically confined his claim to 2.68 acres. The Court recorded that Suresh Kannan would be satisfied if the revenue record reflected his entitlement to the subject property as 2.68 acres, and held that any lack of correlation between the appellant's father's purchased extent and the ground reality had to be worked out by the appellant only before the jurisdictional District Revenue Officer in the pending appeal. The first respondent (District Revenue Officer, Virudhunagar) was directed to dispose of the appellant's appeal on merits and in accordance with law within three months from receipt of a copy of the judgment. Writ appeal disposed of, no costs; connected C.M.P.(MD)No.7529 of 2021 closed. Filed under Clause XV of Letters Patent challenging the order dated 11-03-2021 in W.P(MD).No. 5285 of 2021.

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W.A.(MD)No.962 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.A.(MD)No.962 of 2021 and

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C.M.P.(MD)No.7529 of 2021

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S.Ramar

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... Appellant / Petitioner

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Vs.

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1.The District Revenue Officer, O/o.District Revenue Office, Virudhunagar.

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2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Sivakasi, Virudhunagar District.

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3.The Thasildar, Taluk Office, Srivilliputhur, Virudhunagar District.

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4.M.Suresh Kannan ... Respondents / Respondents

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Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal and set aside the order dated 11-03-2021 passed in W.P(MD).No. 5285 of 2021 on the file of this Court.

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

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W.A.(MD)No.962 of 2021

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For Appellant : Mr.D.Senthil

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For Respondents : Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1 to R3. Mr.G.Thalaimutharasu for R4.

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JUDGMENT (Judgment of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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2.It is not in dispute that the father of the appellant as well as the fourth respondent herein / Suresh Kannan purchased 2.68 acres from their respective vendors. The learned counsel for the fourth respondent is clear and categorical that he is satisfied with 2.68 acres and he is not claiming more.

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3.The learned counsel for the appellant would claim that Suresh Kannan has been given excess land in the patta. This contention is denied both by the learned Additional Government Pleader as well as the learned counsel for the fourth respondent. We place on record that Suresh Kannan would be satisfied if the revenue record reflects his entitlement in respect of the subject property as 2.68 acres.

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

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W.A.(MD)No.962 of 2021

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4.The learned counsel for the fourth respondent would however add that even though the appellant's father purchased 2.68 acres fro his vendor, it does not correlate with the ground reality. The appellant has to work out this aspect only before the jurisdictional District Revenue Officer in the pending appeal.

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5.We direct the first respondent to dispose of the appellant's appeal

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on merits and in accordance with law within a period of three months from the date of receipt of a copy of this judgment.

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6.This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S. J.,) & (M.J.R. J.,) 04.02.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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