Thavamani Vs The District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records pertaining to the impugned notice issued by the 2^nd respondent in Ne.Mu.No.E-2323719/2024/G5 dated 21.01.2025 and quash the same.

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For Petitioners : Mr.L.Siva

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For Respondents : Mr.Lingadurai for R1 to R3

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Mr.Raguvaran Gopalan for Mr.N.Satish Babu for R4 & R5. Additional Government Pleader

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O R D E R

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Heard the learned Counsel for the parties.

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2. The grievance of the petitioner is that the petitioner's entitlement of 13 cents in S.No.206/1 was also alienated by one Pappu, through predecessors in title of respondents 4 & 5. Learned Counsel for the petitioner would take me through the title documents, in and by which the predecessor in title of respondents 4 and 5 were entitled to only 30 cents and the remaining 13 cents was entitled to Muthupeyandi Thevar, under whom the writ petitioner claims. Though the entire extent in S.No.206/1 is admittedly only 43 cents, the claim of the petitioner is under a registered Will dated

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27.08.1958, executed by Muthupeyandi Thevar, in favour of the petitioner's father Ramasamy. This Will only pertains to 13 cents under registered Partition Deed between three brothers in the year 1959. However, the predecessors in interest of the respondents 4 and 5, who are entitled only to 30 cents have proceeded to execute the rectification deed in the year 2007, as if entire extent available in S.No.206/1 belong to the said Pappu.

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3. Prima facie, I am able to see that the said Pappu, did not have any title in respect of 13 cents, though there are claims made in the rectification deed as to how she became entitled to 13 cents. This is a matter which can be adjudicated only before the competent civil Court. Now, in and by the impugned order, the second respondent has set aside the order passed by the Subordinate revenue officials in respect of the same and directed the parties to work out their remedy before the competent Civil Court, in respect of the entire S.No.206/1, measuring 43 cents. I do not see any difficulty in upholding the right of the private respondents in respect of 30 cents in S.No.206/1, over which the petitioner also has no claim. The dispute is only with respect to 13 cents, which is allotted to Muthupeyandi Thevar, under registered Partition Deed dated 17.08.1959 and subsequently, bequeathed to the petitioner's father by registered Will dated 27.08.1958.

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W.P.(MD)No.6094 of 2025

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4. Therefore, the Writ Petition is disposed of, in the following terms:

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(i) The impugned order is set aside;

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(ii) Patta shall be mutated in favour of the respondents 4 and 5, only in respect of 30 cents in S.No.206/1;

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(iii) In respect of 13 cents, the revenue records shall be kept in suspense and the petitioner is directed to approach the competent Civil Court seeking necessary reliefs of partition / declaration, as he may be advised;

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(iv) It shall also be open to the respondents 4 & 5 to adjudicate their rights in pursuance of the rectification deed covering the entire extent of 43 cents;

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(v) Any proceedings before the competent civil Court shall be decided strictly on merits and without being influenced by any of the observations made in the present order.

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There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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25.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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W.P.(MD)No.6094 of 2025

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To