Dr. M. Wilbynathan & Another v. The State of Tamil Nadu, Rep. by the District Collector of Kanyakumari at Nagercoil, Kanyakumari District. & Others
2007-04-17
M.JAICHANDREN
body2007
DigiLaw.ai
Judgment :- Heard the learned counsel for the petitioners as well as for the respondents. 2. The brief facts of the case, as stated by the petitioners, are as follows:- It is submitted on behalf of the petitioners that they are in possession and enjoyment of certain properties in Ponmanai Village, Kalkulam Taluk, Kanyakumari District. The suit had been filed in O.S.No.189 of 1989, on the file of the District Munsif, Padmanabhapuram, which had been subsequently transferred and re-numbered as O.S.No.57 of 1984, on the file of the Principal District Munsif, Padmanabhapuram. By a Judgment and Decree, dated 22.08.1985, the petitioners title had been declared and a permanent injunction had been granted in favour of the petitioners recognizing their possession over the said properties. An appeal had been filed against the said Judgment and Decree, dated 22.08.1985, in A.S.No.98 of 1985, on the file of the District Court, Kanyakumari at Nagercoil. By a Judgment and Decree, dated 16.08.1988, the appeal had been dismissed confirming the Judgment and Decree of the trial Court. Based on the decision of the Courts below, a resurvey of the suit properties had to be done, including portions of lands classified as poramboke, and patta was to be issued, based on the resurvey proceedings. 3. It has been further submitted on behalf of the petitioners that several representations have been made requesting the authorities concerned including the District Collector, Kanyakumari District, to implement the Judgment and Decree of the Courts below, since they have become final and no appeal had been filed thereon. However, no effective steps have been taken sofar. Hence, the petitioners have preferred the present writ petition. 4. The learned counsel appearing on behalf of the petitioners had submitted that it would suffice, if the Judgment and Decree in O.S.No.57 of 1984, passed by the Sub-Court, Padmanabhapuram and confirmed in A.S.No.98 of 1985, by the District court, Kanyakumari, for issuing of patta and for making necessary changes in the revenue records are implemented by the respondents, within a reasonable time, as fixed by this Court. 5. The learned Government Advocate appearing on behalf of the respondents has submitted that the Judgment and Decree of the Courts below, would be implemented within a period of six months from today.
5. The learned Government Advocate appearing on behalf of the respondents has submitted that the Judgment and Decree of the Courts below, would be implemented within a period of six months from today. An affidavit has also been filed to that effect by the District Collector, Kanyakumari District, Nagercoil, stating as follows:- "1) I am the first respondent in the above writ petition. 2) The writ petition has been filed for making necessary changes in the revenue records and issuing patta. 3) I state that the properties mentioned in the writ petition are Kalvai poramboke belongs to the State Government. 4) The petitioners filed the suit in O.S.57/84 and the same was allowed by the Sub Court, Padmanabhapuram. Against this, state preferred an appeal in A.S.98/95 before the District Court, Nagercoil and the same was dismissed on 16.08.1988. After that, the state had decided that no further appeal is necessary. 5) Since the mistake was crept during re-survy operation, the Settlement Officer (South), office of the Director of survey and Settlement, Chennai, has been requested to issue necessary orders. It is under process and orders are awaited. On receipt of the orders from the Settlement Officer (South) Chennai, the writ petitioners will be informed in due course. 6) The writ petitioners are enjoying the land without any let or hindrance. The writ petitioners are not curtailed in any way by the respondents over their enjoyment. 7) As the lands involved in the Judgment in O.S.57/84 of Sub Court, Padmanabhapuram is Kalvai Poramboke, the lands should be protected from encroachers as per Government orders. The delay in implementation of Judgment is due to the fact that the land in question is classified as Kalvai a water course poramboke. All effective steps are being taken to expedite the implementation of judgment. 8) There is no delay on the part of the District Administration, as necessary proposals have already been sent to the Settlement Officer and the Judgment will be implemented as soon as the orders are received. 9) There is no loss or injury due to this delay as the land is even now under the enjoyment of the writ petitioners. 10) Now, the writ stands posted on 29.03.2007. As porcedural formalities of the Government to issue patta have to be followed, the Honourable High Court may be pleased to accept this petition.
9) There is no loss or injury due to this delay as the land is even now under the enjoyment of the writ petitioners. 10) Now, the writ stands posted on 29.03.2007. As porcedural formalities of the Government to issue patta have to be followed, the Honourable High Court may be pleased to accept this petition. 11) In view of the above facts and circumstances, it is prayed that this Honourable Court may be pleased to grant six months time to get necessary orders from the Government, enabling the respondents to implement the judgment and decree in O.S.No.57/84." In view of the affidavit filed by the District Collector, Kanyakumari, and based on the submissions made by the learned Government Advocate appearing on behalf of the respondents that necessary action would be taken and appropriate orders would be passed, based on the Judgment and Decree of the Courts below, this Court is of the Considered view that no further orders are necessary in the present writ petition. Hence, this writ petition stands closed. Consequently, the connected M.P is closed. No costs.