M.Sivakumar v. The Special Commissioner of Land Administration, Chepauk, Chennai-600 005 & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.06.2012Coram:THE HONOURABLE MR.JUSTICE M.VENUGOPALW.P.No.42092 of 2006M.Sivakumar.. Petitioner vs.1.The Special Commissioner of Land Administration, Chepauk, Chennai-600 005.2.The Tahsildar, Pochampalli Taluk, Pochampalli Post, Krishnagiri District.3.Krishnamoorthy4.Manimekalai5.The Inspector of Police, Barur Police Station, Krishnagiri District... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitutionof India praying for the issuance of a Writ of Mandamus, forbearingthe respondents 2 to 5 herein from interferring with thepetitioner's possession and enjoyment over the subject landcomprised in S.No.77/2A, situated in No.8, Keelkuppam Village,Pochampalli Taluk, Krishnagiri District measuring to an extent of1.42.5 hectares till the finalisation of the Revision Petitiondated 03.06.2005 and consequently, direct the first respondent totake appropriate proceedings against the secondrespondent/Tahsildar, Pochampalli Taluk, Krishnagiri District forthe wilful disobedience of the orders passed in Ref.K4/20539/05dated 13.06.2005 by the first respondent. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : No AppearanceFor Respondent : Mrs.M.E.Rani Selvam, AGP Nos.1, 2 & 5For Respondent : Mr.P.Mani Nos.3 & 4 -------O R D E RThe petitioner has filed the present Writ of Mandamus prayingfor an issuance of an order by this Court in forbearing therespondents 2 to 5 from interfering with his possession andenjoyment over the subject land comprised in S.No.77/2A, situatedin No.8, Keelkuppam Village, Pochampalli Taluk, KrishnagiriDistrict measuring an extent of 1.42.5 hectares till thefinalisation of the Revision Petition dated 03.06.2005. Also, thepetitioner has sought for a direction to the first respondent totake appropriate proceedings against the secondrespondent/Tahsildar, Pochampalli Taluk, Krishnagiri District forthe wilful disobedience of the orders passed in Ref.K4/20539/05dated 13.06.2005 by the first respondent.2.The stand of the petitioner is that lands comprised inS.No.77/2A, situated in No.8, Keelkuppam Village, PochampalliTaluk, Krishnagiri District measuring an extent of 1.42.5 hectaresof dry land belongs to his ancestors. His father Muruga Gounderwas in possession, enjoyment and occupation of the subject landtill his life time. His father expired on 16.11.1997. After hisfather's demise, he was in possession, enjoyment and occupation ofthe land and paying all the charges to the concerned authorities.3.According to the petitioner without his knowledge andnotice, patta bearing No.385 was transferred in the name of fourthrespondent who is none other than his sister and the thirdrespondent is her husband. After coming to know of the fact, hefiled a petition dated 11.07.2003 with the second respondent and anorder dated 15.07.2003 was passed issuing joint patta in his nameand in the name of the fourth respondent.4.The fourth respondent as against the order of the secondrespondent filed an Appeal before the Revenue Divisional OfficerKrishnagiri. The second respondent passed a detailed order on20.01.2004 and issued a patta in his favour. Thereupon, the fourthrespondent filed a Revision before the District Revenue Officer,Krishnagiri, being dissatisfied with the order passed by the https://hcservices.ecourts.gov.in/hcservices/ Revenue Divisional Officer, Krishnagiri and the District RevenueOfficer by an order dated 05.04.2005 held that there are CivilSuits pending between the parties and till such time, the pattawill stand in the name of fourth respondent and cancelled theorders of the second respondent/Tahsildar, Pochampalli Taluk,Krishnagiri District and the Revenue Divisional Officer,Krishnagiri.5.The petitioner filed a Revision Petition dated 03.06.2005before the first respondent/Special Commissioner of LandAdministration, Chepauk, Chennai passed the following order:"2.The Revision Petitioner has also filed apetition seeking to stay the operation of theDistrict Revenue Officer, till the disposal ofRevision Petition, after a careful considerationof the facts of the case and representation made,and in the interest of justice, all orders passedby the Tahsildar, Revenue Divisional Officer andDistrict Revenue Officer are hereby stayed tillthe disposal of the Revision Petition. It is alsoordered that no changes shall be carried out inRevenue Accounts pending final orders andpossession to remain undisturbed as on ground".6.The petitioner filed a petition before the firstrespondent/Special Commissioner of Land Administration, Chepauk,Chennai and District Revenue Officer, Krishnagiri on coming to knowof the illegal acts of the second respondent requesting them totake appropriate action against the second respondent and prayedfor implementation of the order dated 13.06.2005 passed by thefirst respondent in the Revision Petition. The petitioner has comeout with a plea that on 24.08.2006, the third and fourthrespondents and their men attacked his wife with deadly weapons andshe escaped but sustained minor injuries and she was treated as anout-patient at Government Community Health Centre, Kaveripattinam.The third and fourth respondents interfered in his possession inthe said lands. Also on 30.08.2006, the respondents 3 and 4 andtheir men removed the coconut trees by entering into the subjectproperty by use of force and for which another complaint has beenpreferred with the fifth respondent.7.Again on 31.08.2006, the third and fourth respondents haveentered into the subject property and removed the coconut trees forwhich a complaint with the fifth respondent/Inspector of Police,Krishnagiri District has been lodged by the petitioner. But hiscomplaints have not been considered. Therefore, a complaint has https://hcservices.ecourts.gov.in/hcservices/ been lodged by him before the Superintendent of Police, KrishnagiriDistrict.8.That apart, on 19.09.2006, the petitioner filed arepresentation before the District Revenue Officer, Krishnagiri andthe same has been forwarded to the second respondent with adirection to implement the orders of the first respondent dated13.06.2005. But till date, the second respondent has notimplemented the order of the first respondent and issued a freshjoint patta in violation of the order of the first respondent dated13.06.2005.9.The prayer in the Writ Petition is that the petitioner hasin absolute possession and enjoyment of the subject land as per thefindings of the Tahsildar, Pochampalli Taluk, Krishnagiri Districtand District Revenue Officer, Krishnagiri and upon such findings,the revisional authorities should be pleased to grant interim staypending disposal of the Revision Petition etc.10.It cannot be said that G.O.Ms.409 dated 02.07.2008 by theSecretary to Government speaks of withdrawal of the power of secondrevision vested with the Special Commissioner, Commissioner of LandAdministration on transfer of Registry cases etc. In short, asper the said Government Order, the Government directed the SpecialCommissioner, Commissioner of Land Administration to the effectthat all ongoing enquires may be carried on to the logicalconclusion and orders issued and the Special Commissioner,Commissioner of Land Administration should ensure that in all caseswhere enquiries are not commenced, they are directed to return backthe same, with the direction to approach Competent Court of Law.11.The Principal Secretary and Commissioner of LandAdministration, Chepauk, Chenai in Letter No.K4/20539/05, dated20.01.2009 addressed to the petitioner has stated that as perG.O.Ms.409, Revenue SS 1-2 dated 02.07.2006, the Government haswithdrawn the provisions of second revision from SpecialCommissioner and Commissioner of Land Administration on Transfer ofRegistry cases under Revenue Standing Order 31-8 and further,directed him to approach the Competent Court of Law for remedy. Atthis stage, this Court pertinently points out that in M.P.No.1 of2007 (vacate stay petition) in M.P.No.1 of 2006 in the present writpetition, this Court on 04.06.2007 has vacated the interiminjunction already granted by this Court and dismiss the interiminjunction petition and allowed the vacate stay petition filed bythe third and fourth respondents. Further, the third and fourthrespondents have been given the liberty to approach the firstrespondent/Special Commissioner and Commissioner of Land https://hcservices.ecourts.gov.in/hcservices/ Administration, Chepauk with a request to dispose of the RevisionPetition at an early date.12.It is to be pointed out that as per The Tamil Nadu PattaPass Book Rules, 1987, the aggrieved party is entitled to approachthe Competent Civil Court in regard to the denial of title inrespect of certain property as per Section 14 of The Tamil NaduPatta Pass Book Act, 1986 and seek appropriate declaratory relief.If any declaration is granted, then, it is needless to say that thepatta passbook issued by the Competent Revenue Authority should beamended.13.It is not in dispute that O.S.No.91 of 2005 has been filedby the writ petitioner on the file of the Learned District Munsif,Pochampalli, Krishnagiri District as plaintiff praying for a reliefof declaration of title and permanent injunction in respect of thesubject land in the writ petition and the same is pending. Also,the writ 656+petitioner filed another W.P.No.26557 of 2008 beforethis Court praying for an issuance of a direction to the firstrespondent/Special Commissioner and Commissioner of LandAdministration, Chennai to pass orders on the Revision Petitionfiled by him in Ref.No.K4/ 20539/2005. Pending on his file. ThisCourt on 14.11.2008 issued directions to the firstrespondent/Special Commissioner and Commissioner of LandAdministration to consider the Revision Petition filed by thepetitioner and to take appropriate steps considering theG.O.Ms.409, Revenue SS 1-2 dated 02.07.2006. 14.Admittedly, the Revision Petition filed by the petitionerhas been disposed of by the Principal Secretary and Commissionerof Land Administration, Chepauk, Chenai by an order on 20.01.2009in Letter No.K4/20539/05 inter alia directing the petitioner toapproach Competent Court of Law for remedy. When the suit filed bythe writ petitioner in O.S.No.91 of 2005 is pending on the file ofthe Learned District Munsif, Pochampalli and the said proceedingsthe fourth respondent is arrayed as one of the defendants to thesuit, till date the said suit has not been disposed of as informedto this Court by the Learned counsel for the fourth respondent.Therefore, the prayer sought for by the writ petitioner till thefinalisation of revision petition dated 03.06.2005, an orderinjunction is to issued restraining the respondents 2 to 5 frominterfering his possession and enjoyment of the subject landcomprised in S.No.77/2A measuring an extent of 1.42.5 hectares,Keelkuppam Village, Pochampalli Taluk, Krishnagiri District cannotbe acceded to by this Court. In reality, the prayer has become aninfructuous one, when the petitioner has been directed to approachthe Competent Court of Law as remedy as per Letter No.K4/20539/ 05 https://hcservices.ecourts.gov.in/hcservices/ dated 20.01.2009 of the Principal Secretary and Commissioner ofLand Administration, Chepauk, Chenai. Accordingly, the WritPetition fails. 15.In view of the fact that the main relief of injunctionrestraining the respondents 2 to 5 from interfering with thepetitioner's possession and enjoyment in S.No.77/2A, situate inNo.8, Keelkuppam Village, Pochampalli Taluk, Krishnagiri Districtmeasuring an extent of 1.42.5 Hectares has been negatived by thisCourt. The prayer for issuance of direction by this Court to the 1strespondent to take appropriate proceedings against the 2ndrespondent for wilful disobedience of the order passed in Ref.K4/20539/05 dated 13.06.2005 by the 1st respondent is not sustainablein the eye of law.16.In the result, the Writ Petition is dismissed leaving theparties to bear their own costs. Sd/ Asst.Registrar /true copy/ Sub Asst.RegistrarDP/sglTo1.The Special Commissioner of Land Administration, Chepauk, Chennai-600 005.2.The Tahsildar, Pochampalli Taluk, Pochampalli Post, Krishnagiri District.3.The Inspector of Police, Barur Police Station, Krishnagiri District.+1cc to Govt. Pleader Sr 34883RSY(CO)km/10.7.W.P.No.42092 of 2006