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2021 Supreme(Mad) 1394

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
V. Perumal – Petitioner
Versus
The District Revenue Officer, Kancheepuram and Others – Respondents
W.P. No. 30597 of 2019, W.M.P. Nos. 30660 of 2019, 3590 of 2020
Decided On : 19-08-2021

Advocates:
Advocate Appeared:
For the Petitioners: G. Thilakavathi, D. Kanagasundaram.
For the Respondents: K.M.D. Muhilan, K.S. Karthik Raja.

Headnote:

Constitution of India,1950 - Article 226 - Nature of Certiorarified Mandamus - Planning Permission obtained during joint development - Petitioner claims that the property measuring an extent of 29 cents of punjai lands in S. No. District was originally owned by his grandfather - After survey and settlement of land by the Government in 1961, a joint patta bearing No. 94 was issued in the name of his grandfather and another person settlement register - It had been stated that after the death of Ayyavoo his legal representatives along with K. Mari and his son Vendavarasi and the petitioner who was a minor had sold the lands measuring about 12 cents by Sale Deed registered as Document in the office of Sub-Registra – Held, Stands in the name of a particular person, inclusion of others in the patta is impermissible, that too, on consideration of title by the Revenue Officials ought to have directed the 3rd respondent to first establish her title before the Civil Court before any inclusion is made in the patta, as it is not case of fresh patta but inclusion of 3rd respondent in the patta which already stand in the name of the petitioners - Impugned order cannot be sustained as the 3rd respondent’s name has been included only after decision rendered by the Revenue Officials regarding the title of the 3rd respondent - Impugned order is set aside. However, liberty is given to the 3rd respondent to work out her remedy in Civil Court as to her title over the land in question and in the event - Revenue Divisional Officer only to find out prima facie as to the title and when the title is in dispute and there are rival claimants, he should refer the parties to Civil Court for adjudication and depending upon decree that may be passed by the Civil Court - respondent had correctly referred the parties to approach the civil court to decide the issues between them - Petitioner will not gain any advantage by correcting the entries in the revenue register - Writ Petition is dismissed

JUDGMENT :

C.V. KARTHIKEYAN, J.

Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1st respondent in his proceedings in Na. Ka. No. 10657/2019/En.4 dated 03.10.2019 and quash the portion of the order rendered in Page No. 17 of the impugned order and consequently, direct the 1st respondent to bring into effect the order of the 2nd respondent dated 05.03.2019 made in Pa. Mu. No. 105/2019/A3 insofar as the land comprised in Survey No. 65/8A.

1. This Writ Petition has been filed in the nature of Certiorarified Mandamus to call for the records pertaining to the order of the 1st respondent, the District Revenue Officer, Kancheepuram District in proceedings in Na. Ka. No. 10657/2019/En.4 dated 03.10.2019 and quash a portion of the order and direct the first respondent to put into effect the order of the 2nd respondent/the Revenue Divisional Officer, Chengalpet, Kancheepuram District dated 05.03.2019 in Pa. Mu. No. 105/2019/A3 with respect to the lands comprised in S. No. 65/8A in Pudupakkam Village, Thiruporur Taluk, Kancheepuram District.

2. The petitioner claims that the property measuring an extent of 29 cents of punjai lands in S. No. 65/8, Pudupakkam Village, Thiruporur Taluk, Kancheepuram District was originally owned by his grandfather, K. Mari. After the survey and settlement of land by the Government in 1961, a joint patta bearing No. 94 was issued in the name of his grandfather K. Mari and another person Ayyavoo as per the settlement register. It had been stated that after the death of Ayyavoo his legal representatives along with K. Mari and his son Vendavarasi and the petitioner who was a minor had sold the lands measuring about 12 cents by Sale Deed dated 27.07.1971 and registered as Document No. 849 of 1971 in the office of the Sub-Registrar, Thiruporur.

3. It had been stated that by proceedings dated 25.01.1973 in No. 84/2025/1382, the survey numbers were sub divided by the authorities who issued Patta No. 94 to the lands on northern side for the extent of 16 cents in S. No. 65/8A in the name of K. Mari. The lands in the southern side which was sold measuring 12 cents was subdivided as S. No. 65/8B. The petitioner claims that an error occurred in the patta with respect to the lands in S. No. 65/8A measuring 16 cents. It had been claimed that he made a representation and the corrections was made. He however stated that the lands in S. No. 65/8A was brought into the fold of the 4th respondent and was taken up for joint development by the 4th respondent along with M/s. Isha Homes (India) Private Limited. The said land was shown in the Planning Permission obtained during joint development as Open Space Reservation and gifted to the authorities towards laying of road and park. The remainder portion of the land along with the larger extent had been developed and Deeds of Conveyance has been executed to various third parties.

4. The petitioner then filed W.P. No. 7745 of 2019 seeking a mandamus directing the Planning Authority to cancel the layout approval No. 18 of 2016 granted by Letter No. 1220/2015 dated 28.07.2016 for joint development of the property bearing S. Nos. 64/10B, 64/12, 64/13 and 65/1, 65/2, 65/6, 65/8A, 65/8B, 65/9B in Pudupakkam Village, Tiruporur Panchayat Union, Tiruporur Taluk, Kancheepuram District and also to cancel the Gift Deed registered as Doc. No. 4070/2016 registered at Sub-Registrar Office, Tiruporur. In the counter the respondents and also the 4th respondent herein had stated that an error had crept in while documents of conveyance were obtained by the 4th respondent namely, Sale Deed dated 27.07.1971 registered as Doc. No. 849/1971 in the office of the Sub-Registrar Thiruporur. In all the documents the details of the property and boundaries pertaining to S. No. 65/8B had been given, but the survey number was wrongly mentioned as S. No. 65/8A. It had been contended that

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