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2021 Supreme(Online)(MAD) 27132

IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED : 15.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.Nos.30979 of 2015, 1945 of 2016 and 2316 of 2016 and M.P.Nos.1 & 3 of 2015, W.M.P.Nos.2022 & 2023 of 2016 and W.M.P.No.25253 of 2017 W.P.No.30979 of 2015 M.Tamilarasan ... Petitioner -Vs-

1.The Tahsildar Ponneri Taluk Office Ponneri – 601 204.

2.Mrs.Konduru Shakila .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Prohibition prohibiting the first respondent from initiating enquiry in Na.Ka.No.11066/2015/A2 on his file till the disposal of the suit initiated by the 2nd respondent in O.S.No.174 of 2014, 39/2015 on the file of the Subordinate Judge, Ponneri.

W.P.No.1945 of 2016 Konduru Shakila .. Petitioner -Vs-

1.The Revenue Divisional Officer Ponneri Revenue Division, Ponneri – 601 204 Tiruvallur District.

2.The Tahsildar Ponneri Taluk Office Ponneri – 601 204 Tiruvallur District.

3.M.Tamilarasan ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to pass final order in the enquiry held in the representation of the petitioner dated 22.08.2015 for restoration of patta in the name of the petitioner in respect of the property being agricultural land comprised in Survey NO.17/3B measuring extent of 0.69.0 Hectare (i.e) 1.71 Acres situate at No.123 Kummanur Village, Ponneri Taluk, Tiruvallur District.

W.P.No.2316 of 2016 M.Tamilarasan ... Petitioner -Vs-

1.The District Collector Thiruvallur District Thiruvallur.

2.The Revenue Divisional Officer Ponneri Taluk Office, Ponneri.

3.The Tahsildar Ponneri Taluk Office, Ponneri.

4.Mrs.Konduru Shakila .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records in respect of the impugned proceedings of 2nd respondent vide 2nd Summon in Na.Ka. No.4287/ 2015/A1 dated

12.11.2015 and quash the same and may further direct the 2nd respondent to issue the Final Report of 3rd respondent vide Na.Ka. No.11006/ 2015/AA2 dated 5.10.2015.

For Petitioner in W.P.Nos.

30979/2015 & 2316/2016 : Mrs.S.R.Shenbaga Babu For Petitioner in W.P.No.

1945 of 2016 : Mr.R.Munuswamy For Respondents : Mr.R.Munuswamy – for R2 in WP 30979/2015 Mrs.Akila Rajendran, Government Counsel - for RR 1,3 & 4 in WP 30979 / 2015 and for RR 1 & 2 in WP 1945 / 2016 & and for RR 1 to 3 in WP 2316 of 2016 Mrs.S.R.Shenbaga Babu for R3 in W.P.No.1945 of 2016

C O M M O N O R D E R

Since the facts projected by both sides in these writ petitions are interconnected or overlapping and the parties to all these writ petitions are one and the same, and the issue raised in these writ petitions is also one and the same, which relates to the patta issued in favour of the petitioner in W.P.Nos.30979 of 2015 and 2316 of 2016, with the consent of the learned counsel appearing for both sides, all the three writ petitions were heard together and are being disposed of by this common order.

2. For the sake of brevity, the petitioner in W.P.No.1945 of 2016 viz., Konduru Shakila would be called as Shakila and the petitioner in the other Writ Petitions in W.P.Nos.30979 of 2015 and 2316 of 2016 M.Tamilarasan would be called as Tamilarasan.

3.The necessary facts which are required to be noted for the disposal of these three writ petitions are given below.

4. The agricultural property to the extent of 1.71 Acres at Kummanur Village, Ponneri Taluk, Tiruvallur District in Survey No.17/3B is the subject matter. The said property originally belonged to two persons viz., one Dhanalakshmi and one Bharathi. The case of Shakila is that, on 23.02.2008, she purchased the property for a valid sale consideration by paying a sum of Rs.15,04,800/- by way of a bank draft and accordingly, the property was purchased through a registered sale deed.

5. Pursuant to the said purchase, the said Shakila applied for patta to the Revenue Authorities, who, after having considered the said sale, under which the said Shakila purchased the property in question, had issued Patta in Patta No.9123 of 2008 by an order dated 10.06.2008 to and in favour of the said Shakila.

6. It is further to be noted that, Tamilarasan, as he seems to have entered into a sale agreement with the original owners of the property ie., Dhanalakshmi and Bharathi, in order to seek for specific performance in respect of the very same subject property, had filed a civil suit in O.S.No.31 of 2007 before the Sub Court, Ponneri. The suit was pending between 2007 and 2008 and on 18.03.2008, the suit was decreed in favour of the said Tamilarasan. Pursuant to the said decree for specific performance, on 29.11.2011 the Court executed the sale deed, as the defendants in the suit ie., Dhanalakshmi and Bharathi did not come forward to execute the sale deed. That is how Tamilarasan also purchased the same property by way of Court executed sale deed on 29.11.2011. With the strength of the said purchase, Tamilarasan applied for patta to be issued in his name, which was also considered and the patta already issued in the name of Shakila in Patta No.9123 of 2008 dated 10.06.2008 was cancelled and the patta was issued in the name of Tamilarasan in November 2012.

7. Subsequently only, the said Shakila came to know about these developments as to why the patta granted in her favour was cancelled and why it was reissued in favour of Tamilarasan because of the Civil Court decree made in O.S.No.31 of 2007 and the subsequent Court execution of the sale deed dated 29.11.2011 and therefore, in order to declare the said decree passed by the Court in O.S.No.31 of 2007 as null and void and unexecutable, Shakila filed a suit in O.S.No.174 of 2014 before the Sub Court, Ponneri, where Tamilarasan and the original owners Dhanalakshmi and Bharathi were made as defendants.

8. It is further to be noted that, in the said suit, the plaintiff Shakila had obtained an interim order of injuction to the effect that, the subject property shall not be alienated by the defendants. When the matter stood thus, Shakila had made a request to the Revenue Officials ie., Revenue Divisional Officer, Ponneri Division and the Tahsildar, Ponneri Taluk, by way of a representation dated 22.08.2015 for restoration of the patta in her name by cancelling the patta issued in the name of the said Tamilarasan.

9. In order to consider the said representation dated 22.08.2015 by the Revenue Officials, Shakila filed W.P.No.1945 of 2016

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