Judicial orders of civil courts are not subject to review in writ jurisdiction under Article 226; rightful ownership must be determined in civil court.

ORDER :

1. W.P. No. 11825 of 2024 has been filed questioning (i) the order passed by the Tahsildar, Pochampalli dated 03.1.2024 and (ii) the order passed by the Zonal Deputy Tahsildar, Pochampalli dated 15.3.2024 and for a consequential direction to restore the patta in the name of the petitioner in respect of the properties in S.No.5 measuring acres 5.94 cents, S.No.6 measuring acres 1.44 and S.No.8 measuring acres 4.53 cents at Chellakuttapatti Village, Pochampalli Taluk, Krishnagiri District.

2. W.P.No.13083 of 2024 has been filed seeking for a direction to Sub-Registrar, Barur, Krishnagiri District to cancel the entries pertaining to (i) the sale deed dated 24.6.2022 registered as Doc.No. 1642 of 2022, (ii) the sale deed dated 04.1.2023 registered Doc.No.56 of 2023 and (iii) another sale deed dated 04.1.2023 registered as Doc.No.57 of 2023 in respect of the subject properties.

3. Heard the respective learned counsel appearing for the both parties.

4. The facts leading to filing of these writ petitions are as follows:

(i) The subject properties were originally owned by one Mr.B.V. Subramaniya Maniyakar from the year 1953. The first wife of the said Mr.B.V.Subramaniya Maniyakar filed a suit in O.S.No.132 of 1986 before the District Munsif Court, Krishnagiri against one Mr.K.S. Sambasivam seeking to declare the subject properties as belonging to her and for a permanent injunction from interfering with the peaceful possession and enjoyment of the subject properties and it was decreed on 14.8.1986.

(ii) Later, there was a family dispute, which led to the filing of O.S.No.75 of 2001 before the District Munsif-cum-Judicial Magistrate Court, Pochampalli once again by the first wife of the said Mr.B.V. Subramaniya Maniyakar. During the pendency of the said suit, the said Mr.B.V.Subramaniya Maniyakar died and his other legal heirs were brought on record and a settlement was arrived at between the parties and a compromise decree came to be passed on 29.11.2002. Pursuant to the said decree dated 29.11.2002, the subject lands were sold by all the legal heirs of the said Mr.B.V. Subramaniya Maniyakar to one Mr.P.V.Chandran vide a sale deed dated 17.5.2010 registered as doc.No.676 of 2010 on the file of the Sub-Registrar, Barur.

(iii) After purchase, the said Mr.P.V.Chandran sold the subject lands to the petitioner and his wife - one Mrs.Varalakshmi vide two sale deeds dated 15.7.2013 registered as doc.Nos.863 & 864 of 2013 on the file of the Sub-Registrar, Barur. Later, the petitioner's wife settled her share in the subject properties in favour of the petitioner vide settlement deed dated 10.6.2016 registered as doc.No.728 of 2016 on the file of the Sub-Registrar, Barur and thereby, the petitioner claims to be the absolute owner of the subject properties.

(iv) During November/December 2022, an attempt was made by some third parties to deal with the subject properties and hence, the petitioner applied for an encumbrance certificate, pursuant to which, he found that a sale deed was executed with respect to the subject properties in favour of one Mr.S.Ranjith Kumar, who is a party respondent in the above writ petitions, vide sale deed dated dated 24.6.2022 registered as Doc.No.1642 of 2022 on the file of the Sub- Registrar, Barur. This sale deed dated 24.6.2022 was purportedly executed on behalf of the legal heirs of the said Mr.K.S.Sambasivam pursuant to the ex parte decree dated 28.2.2011 passed in a specific performance suit in O.S.No.142 of 2010 on the file of the Principal Sub-Court, Krishnagiri.

(v) Based on the said decree dated 28.2.2011, the pattas were also issued in the na