V. Rengasamy v. District Collector, Dindigul District, Dindigul
2014-10-13
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment 1. According to the petitioner, he has projected the present Writ Petition for Mandamus praying for passing of an order by this Court in directing the Third Respondent to issue patta to the land measuring an extent of 3 cents comprised in S.No.1973/9 at Vadamadurai main road, Vedasanthur, Dindigul District in his favour by considering his representation dated 24/12/2012. 2. The Petitioner takes a stand that he has a legitimate expectation to dispose of his representation dated 24/12/2012 by the Respondents as early as possible. 3. Yet another stand taken on behalf of the Petitioner is that the Third Respondent/Tahsildar, Vedasandur Taluk, Dindigul District being a statutory authority is to conduct a summary enquiry in terms of the Tamil Nadu Patta Passbook Act, 1983 on the basis of his representation dated 24/12/2012. 4. Further, it is brought to the notice of this Court that in the year 1997, one S.A.P. Mohmed Salauvdin, who is running business adjacent to his land with a mala fide intention, tried to grab his land by creating forged document, as if he had purchased the said poramboke land and claimed himself to be the owner of the land. Since he claimed himself as purchaser of the land and made an endeavour to interfere with the Petitioner's peaceful possession and enjoyment of the property, the petitioner had filed a Civil Suit in O.S.No.135 of 1997 on the file of the Learned District Munsif-cum-Judicial Magistrate, Vedasandur, seeking permission to restrain the said S.A.P. Mohmed Salauvdin from disturbing his possession. In the said suit, the District Collector, Dindigul District and the Third Respondent/Tahsildar, Vedasandur Taluk, were impleaded by the Petitioner and ultimately, the suit was decreed on 12/3/2008. As against the Judgment and Decree passed by the Learned District Munsif-cum-Judicial Magistrate, Vedasandur in O.S.No.135 of 1997, no appeal was filed by the Revenue Authorities as well as by the said S.A.P. Mohmed Salauvdin and as such, the said Judgment and Decree between the parties had become final, conclusive and binding, in terms of Indian Evidence Act, 1872. 5.
As against the Judgment and Decree passed by the Learned District Munsif-cum-Judicial Magistrate, Vedasandur in O.S.No.135 of 1997, no appeal was filed by the Revenue Authorities as well as by the said S.A.P. Mohmed Salauvdin and as such, the said Judgment and Decree between the parties had become final, conclusive and binding, in terms of Indian Evidence Act, 1872. 5. In view of the fact that the Petitioner's limited prayer in the Writ Petition is only for passing of an order by this Court in directing the Third Respondent/Tahsildar, Vedasandur Taluk, Dindigul District, this Court, in the interest of Justice, Fair Play, as an Equitable Relief, good conscience and even as a matter of prudence, the Third Respondent is directed to consider the representation of the Petitioner dated 24/12/2012 in a practical, fair and pragmatic manner and that too in terms of the relevant provisions of the Tamil Nadu Patta Pass Book Act, 1983 and the Rules, 1987 made thereunder within a period of four weeks from the date of receipt of a copy of this order and to pass appropriate orders on merits in the manner known to Law and in accordance with Law (of course after adhering to the principles of natural Justice, by issuing necessary notice to the concerned parties.) 6. With the above direction, this Writ Petition is disposed of. No costs.