Madras High Court
V.Natesan vs The District Revenue Officer on 8 August, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.18962 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.18962 of 2020
and
WMP.Nos.23519 of 2020 & 17456 of 2022
V.Natesan ...Petitioner
Vs.
1. The District Revenue Officer,
Namakkal, Namakkal District.
2. The Revenue Divisional Officer,
Tiruchengode, Namakkal District.
3. The Tahsildar,
Tiruchengode Taluk,
Tiruchengode, Namakkal District.
4. T.Senthilkumar
5. S.Sulochana
6. Minor Sridharani
7. Minor Nithin ...Respondents
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus forbearing the respondents from conducting
survey, measuring the property or fix the boundaries for the lands measuring
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W.P.No.18962 of 2020
4.18 acres bearing S.F.Nos.37/1A, 37/1B & 37/1C Karumapuram Village,
Tiruchengode Taluk, Namakkal District by considering his representations
dated 13.05.2019, 09.09.2020, 30.11.2020 in view of the pendency of the
civil suits in O.S.No.68 of 2016 (Ld. Sub Court, Tiruchengode) and
O.S.No.141 of 2020 (Ld. District Munsif Court, Tiruchengode).
For Petitioner : Mr.N.Manokaran
For Respondents : Mr.R.Vigneswaran, GA, for R1 to R3
: Mr.J.Jayan, for R4 to R7
ORDER
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to forbear the respondents from measuring or fixing boundaries on the subject lands.
2. The case of the petitioner is that 3/4 share of the property comprised in S.F.37/1, measuring an extent of 4.18 acres, situated at Karumapuram Village, Tiruchengode Taluk belonged to petitioner's father late Velappa Gounder and mother late Varadhayammal, by virtue of settlement deed dated 14.02.1957 and sale deeds dated 27.02.1970 & 10.03.1975. After the demise of the petitioner's parents, he is possession and enjoyment of the same and has been cultivating the subject land for the past several decades. Whileso, the petitioner came to know that, the 6th and 7th 2/9 https://www.mhc.tn.gov.in/judis W.P.No.18962 of 2020 respondents have filed a collusive suit in O.S.No.309 of 2015 on the file of the District Muncif Court, Tiruchengode for partition and separate possession of subject property and have entered into a collusive compromise dated 22.01.2016, in which a larger extent of subject land was given to them, based on the error in the UDR proceedings, and they have also obtained patta in their favour in Patta No.1262 in respect of the subject property, to a larger extent of 1.85 acres, which is more than the extent they are originally entitled to. Immediately thereafter, the petitioner filed a suit in O.S.No.68 of 2016 on the file of Sub Court, Tiruchengode as against the respondents and has also filed an appeal dated 02.10.2016 before the 2nd respondent and also a representation dated 02.11.2016 before the 1st respondent, seeking to rectify the error which took place during the UDR proceedings. Pursuant to the same, the 2nd respondent conducted enquiry and passed a final order in Mu.Mu.No.572/2018/U dated 29.09.2018, directing the parties to workout the remedy subject to the outcome of the pending suit in O.S.No.68 of 2016. Despite the above said order, the 4th and 5th respondents have made several attempts to fix boundary stones in the subject property, which necessitated the petitioner to file another suit in O.S.No.141 of 2020 on the file of the District Munsif Court, Tiruchengode 3/9 https://www.mhc.tn.gov.in/judis W.P.No.18962 of 2020 as against the private respondents, for permanent injunction restraining the respondents from measuring the property and fixing boundary stones. When the same is pending, suppressing all the above said facts, the 5th respondent, without impleading the petitioner as a party, has filed a Writ petition in W.P.No.15195 of 2020, seeking to survey the subject property and fix boundaries and this Court, vide order dated 02.11.2020 directed the 3rd respondent herein to pass appropriate orders within a period of four weeks. Though, the petitioner made several objections before the official respondents, requesting not to proceed with the matter till the disposal of the above said suits, however, till date, no orders have been passed on the said objections. Hence, this Writ petition.
3. Learned counsel for the petitioner submitted that, the private respondents have filed a collusive suit in O.S.No.309 of 2015 and obtained a collusive compromise decree dated 22.01.2016, in which a larger extent of subject land measuring 1.85 acres was given to them, which is more than the extent they are originally entitled to, by taking advantage of the error in the UDR proceedings. Thereby, the petitioner filed a suit in O.S.No.68 of 2016 as against the respondents and the same is pending and has also filed several 4/9 https://www.mhc.tn.gov.in/judis W.P.No.18962 of 2020 petitions before the official respondents, seeking to rectify the error in the UDR proceedings and pursuant to which, the 2nd respondent passed a final order in Mu.Mu.No.572/2018/U dated 29.09.2018, directing the parties to workout the remedy pursuant to the outcome of the pending suit in O.S.No.68 of 2016. Despite the above said order, the 5th respondent filed a Writ petition in W.P.No.15195 of 2020 and this Court, vide order dated 02.11.2020 directed the 3rd respondent herein to pass appropriate orders within a period of four weeks. However, it is the grievance of the petitioner that, when the suit in respect of the subject property is pending between the parties, measuring the property will adversely affect his interest. Hence, he prayed for appropriate orders.
4. Learned counsel appearing on behalf of the private respondents submitted that, mere measuring of the subject property will not deprive the rights of the petitioner. Though the petitioner claims that suits in respect of the subject property is pending, in the absence of any restraint orders as against the respondents, filing this Writ petition, seeking direction to forbear the respondents from conducting survey, measuring the subject property and fixing the boundaries in the same is not sustainable. Hence, he prayed for 5/9 https://www.mhc.tn.gov.in/judis W.P.No.18962 of 2020 dismissal of this Writ petition.
5. Heard learned counsel on either side and perused the materials available on record.
6. Though the petitioner claims that the private respondents are entitled to only 1/4 share of the subject property to an extent of 1.04 acres whereas they have allegedly obtained a collusive decree in respect of 1.85 acres of the subject property without impleading the petitioner, who is the major stake holder, as a party in any of the legal proceedings initiated by them, which necessitated the petitioner to file suits in O.S.Nos.68 of 2016 and 141 of 2020 and when the suits in respect of the subject matter were pending, the revenue officials cannot interfere with the same, however, it is pertinent to note that, mere measuring of the subject property will not confer any title on any of the party and it will in no way deprive the rights of the petitioner.
7. In view of the above, this Court without expressing any opinion on the merits of the case, directs the 3rd respondent / Tahsildar to measure the subject property based on the documents produced by the petitioner as well 6/9 https://www.mhc.tn.gov.in/judis W.P.No.18962 of 2020 as the private respondents and file a comprehensive report in O.S.No.68 of 2016 pending on the file of Sub Court, Tiruchengode. On filing of such report, the trial court shall consider the same and decide upon the issue based on the oral and documentary evidences produced by the parties and without being influenced by any of the observations made by the revenue officials and pass appropriate orders as expeditiously as possible.
8. This Writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.
08.08.2022
skt
Speaking Order : Yes/ No
Index : Yes/ No
To
1. The District Revenue Officer,
Namakkal,
Namakkal District.
2. The Revenue Divisional Officer,
Tiruchengode,
Namakkal District.
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W.P.No.18962 of 2020
3. The Tahsildar,
Tiruchengode Taluk,
Tiruchengode,
Namakkal District.
M.DHANDAPANI, J.
skt
W.P.No.18962 of 2020
and
WMP.Nos.23519 of 2020 & 17456 of 2022
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