W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of
2022
and
W.M.P(MD)Nos.16615 of 2021, 3655, 3656 of 2022, 9309 &
9311 of 2022
1.W.P(MD)No.4403 of 2019:
Abubackar Sithick ... Petitioner
Vs
1.The District Collector,
Sivagangai,
Sivagangai District.
2.The District Revenue Officer,
(Land Acquiring Officer & National Highways),
District Collector Campus,
Pudukkottai,
Pudukkottai District.
3.The Special Tahsildar,
(Land Acquiring Officer & National Highways No.226),
Manjula Theater Road,
Thirupathur – 630 211,
Sivagangai District.
4.The Project Director,
National Highways Authority of India (NHAI),
No.1, Subramaniyapuram,
3rd Street, Karakudi,
Sivagangai District.
5.M.Shajakhan
6.M.Isamil
https://www.mhc.tn.gov.in/judis
1/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
7.M.Mohammed
8.M.Sait John
9.M.Parakkath Ali ... Respondents
(R – 4 is impleaded vide order dated 07.03.2019
in W.M.P(MD)No.4058 of 2019)
(R - 5 to R – 9 are impleaded vide order dated
07.09.2020 in W.M.P(MD)No.9201 of 2020)
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the respondents to
forthwith pay the compensation amount to the petitioner towards
the acquisition of his lands in Survey Nos.86/2 and 86/3,
Thenmapattu Village, Thirupathur Taluk, Sivagangai District with
reasonable interest.
For Petitioner : Mr.N.Dilip Kumar
For RR 1 to 3 : Mr.D.Gandhi Raj
Special Government Pleader
For R – 4 : Mr.S.Sankara Pandian
for Mr.C.Arul Vadivel Associates
For RR 5 to 9 : Mr.T.R.Subramanian
2.W.P(MD)No.19919 of 2021 :
M.Barakath Ali ... Petitioner
Vs
1.The Inspector General of Registration,
Santhome High Road,
Pattinapakkam,
Chennai – 28.
2.The District Regional Registrar,
The Office of the District Regional Registration,
Madurai.
https://www.mhc.tn.gov.in/judis
2/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
3.The District Registrar,
Karaikudi Registration District,
Karaikudi,
Sivagangai District.
4.The Sub Registrar,
Tirupattur Sub Registration Office,
Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the fourth
respondent in RFL/Tirupattur/02.05.2021, dated 05.10.2021 and
quash the same as illegal and consequently to direct the
respondents particularly the fourth respondent to register and
release the Inam settlement deed dated 14.09.2021.
For Petitioner : Mr.R.M.Suresh
For Respondents : Mr.M.Sarangan
Additional Government Pleader
3.W.P(MD)No.4303 of 2022:
Abubacker Siddique ... Petitioner
Vs
1.The District Revenue Officer,
Sivagangai,
Sivagangai District.
2.Mydeen Beevi ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the
records in P.Mu.P4/1595/2021 dated 04.06.2021 impugned order
https://www.mhc.tn.gov.in/judis
3/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
passed by the first respondent as illegal and consequently directing
the first respondent to restore the patta No.407 stands in the
petitioner's mother name Rashiya Begum.
For Petitioner : Mr.P.Thangapandi
For R – 1 : Mr.M.Sarangam
Additional Government Pleader
For R – 2 : Mr.D.Venkatesh
4.W.P(MD)No.13095 of 2022:
Abubacker Siddique ... Petitioner
Vs
1.The Deputy Inspector General of Registration,
Madurai Region,
Office of the Deputy Inspector General of Registration,
TNAU Nagar,
Rajakambiram,
Oothakadai,
Madurai – 625 107.
2.The District Registrar,
Office of the District Registrar,
Karaikudi – 1,
Sivagangai District.
3.The Sub Registrar,
Office of the Sub Registrar,
Thiruppathur,
Sivagangai District.
4.Mydeen Beevi
5.M.Barakath Ali ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
https://www.mhc.tn.gov.in/judis
4/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
India, to issue a Writ of Certiorari, calling for the records relating to
the impugned order passed by the first respondent/Deputy
Inspector General of Registration, Madurai Region in Na.Ka.No.
7729/2022/A4/2021, dated 31.05.2022.
For Petitioner : Mr.N.Dilip Kumar
For RR 1 to 3 : Mr.M.Sarangan
Additional Government Pleader
For RR 4 & 5 : Mr.P.Jeganathan
COMMON ORDER
W.P(MD)No.4403 of 2019 has been filed by the
petitioner for a direction directing the respondents to forthwith pay
the compensation amount to the petitioner towards the acquisition
of his lands in Survey Nos.86/2 and 86/3, Thenmapattu Village,
Thirupathur Taluk, Sivagangai District with reasonable interest.
2.W.P(MD)No.19919 of 2021 has been filed by the
petitioner/M.Barakath Ali for a direction to quash the impugned
order passed by the fourth respondent and consequently to direct
the respondents particularly the fourth respondent to register and
release the Inam settlement deed dated 14.09.2021.
https://www.mhc.tn.gov.in/judis
5/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
3.W.P(MD)No.4303 of 2022 has been filed by the
petitioner challenging the impugned order passed by the first
respondent dated 04.06.2021 and consequently to direct the first
respondent to restore the patta No.407 stands in the name of the
petitioner's mother name Rashiya Begum.
4.W.P(MD)No.13095 of 2022 has been filed by the
petitioner challenging the order passed by the first respondent,
dated 31.05.2022, thereby cancelling the patta issued in favour of
Rashiya Begum and restoring it in its old position and accordingly,
the property can be dealt with by the pattadhars in respect of the
property comprised in Survey Nos.86/2 and 86/3 admeasuring 92
and 96 cents situated at Thenmapattu Group, Thiruppathur Taluk,
Sivagangai District.
5.All these Writ Petitions were filed by the same
petitioner in respect of the very same property. Therefore, this
Court passes the common order.
6.The property comprised in Survey Nos.86/2 and 86/3
https://www.mhc.tn.gov.in/judis
6/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
admeasuring 92 and 96 cents situated at Thenmapattu Group,
Thiruppathur Taluk, Sivagangai District originally owned by the
petitioner's grandfather Sheikji Sahib. He had purchased the subject
property by the registered sale deeds vide Document Nos.2070 of
1941 & 1517 of 1942. He had two wives, namely Kadher Beevi and
Sherifa Beevi. The respondents 4 and 5 in W.P(MD)No.13095 of
2022 are claiming title over the property through the first wife. The
petitioner is claiming title over the property through the second
wife. A partition deed was executed vide registered Document No.
316 of 1965 in which the son of the first wife as well as the sons of
second wife are the parties. Accordingly, the subject property was
allotted in favour of the sons of two wives, namely the petitioner's
father and his four brothers. Thereafter, among the petitioner's
father's family, they had family arrangement and the petitioner and
his father obtained a patta in the name of his mother in the year
1972 for the subject property. While being so, there was an
acquisition by the National Highways in respect of the portion of the
subject property ie., to an extent of 283 and 2634 square meters in
both survey Nos.86/2 and 86/3 respectively. In the said
proceedings, the petitioner's mother was mentioned as the
registered owner of the subject property and an award was also
passed. The fourth respondent/Mydeen Beevi in W.P(MD)No.13095
https://www.mhc.tn.gov.in/judis
7/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
of 2022 objected while disbursing the compensation. Hence, it was
not disbursed to the petitioner's mother. Thereafter, the petitioner's
mother died and as such, the petitioner filed a Writ Petition in
W.P(MD)No.4403 of 2019 for a direction directing the Acquisition
Officer to disburse the compensation for the land which was
acquired, as per the Award. The fifth respondent/M.Barakath Ali in
W.P(MD)No.13095 of 2022 born through the son of the first wife of
the petitioner's grandfather, filed a suit after the demise of his
father in O.S.No.56 of 2010 as against the petitioner's mother for
declaration of title in respect of the subject property on the file of
the District Munsif Court, Thirupathur. It was dismissed by judgment
and decree dated 01.07.2014 and it was also confirmed by the first
Appellate Court in A.S.No.69 of 2014 on the file of the Sub Court,
Sivagangai, dated 12.10.2018. In fact, while pending the appeal
suit, the petitioner's mother died and the petitioner was impleaded
as respondent in the appeal suit. Thereafter, the fifth
respondent/M.Barakath Ali in W.P(MD)No.13095 of 2022 did not file
any second appeal. Suppressing the said fact, the fifth
respondent/M.Barakath Ali in W.P(MD)No.13095 of 2022 and his
brothers initiated proceedings before the District Revenue Officer,
Sivagangai, to cancel the patta issued in favour of the petitioner's
mother under Patta No.379 and claimed half share in the subject
https://www.mhc.tn.gov.in/judis
8/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
property. The said request was rejected by order dated 24.09.2020.
Once again the fourth respondent filed an application challenging
the patta issued in favour of the petitioner's mother before the very
same authority, namely the District Revenue Officer, Sivagangai as
against the petitioner's mother. In fact, the earlier proceedings
initiated by the fifth respondent and his brothers impleaded the
petitioner as a party and challenged the patta issued in favour of
the petitioner's mother. That apart, even while pending appeal suit
in A.S.No.69 of 2014, the petitioner's mother died and the petitioner
was impleaded as a respondent. Even then, the fourth respondent
suppressing all those facts cleverly initiated proceedings as against
the deceased person, namely the petitioner's mother, challenging
the patta issued in favour of the petitioner's mother. The District
Revenue Officer, Sivagangai cancelled the patta issued in favour of
the petitioner's mother by proceedings dated 04.06.2021 and
ordered to issue patta in the name of the dead person namely the
father of the petitioner as well as the father of the fifth respondent
herein. It is under challenge in W.P(MD)No.4303 of 2022.
7.The fifth respondent/Barakath Ali filed a Writ Petition
https://www.mhc.tn.gov.in/judis
9/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
in W.P(MD)No.19919 of 2021 as against the order passed by the
fourth respondent, dated 05.10.2021 thereby rejecting the
challenge of the patta issued in favour of the petitioner's mother. In
fact, while pending the Writ Petition, suppressing these facts, the
fifth respondent/M.Barakath Ali initiated proceedings once again
before the very same District Revenue Officer, Sivagangai
challenging the very same patta issued in favour of the petitioner's
mother. In the meanwhile, the fifth respondent and his family
members attempted to register the settlement deed in respect of
the subject property before the fourth respondent/the Sub-Registrar
and the same was rejected by the proceedings dated 05.10.2021. It
was challenged before this Court in W.P(MD)No.19919 of 2021 by
the fifth respondent. Simultaneously, the fifth respondent also
challenged the rejection of registration of the settlement deed,
dated 14.09.2021 before the District Registrar by filing an appeal
and the same was also rejected by order, dated 27.07.2021.
Therefore, nothing survives for further adjudication in the said Writ
Petition in W.P(MD)No.19919 of 2022 and W.P(MD)No.19919 of
2022 is dismissed as infructuous.
8.Aggrieved by the order passed by the District
https://www.mhc.tn.gov.in/judis
10/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
Registrar, dated 14.09.2021, the fifth respondent/M.Barakath Ali
filed an appeal before the first respondent and also prayed for the
cancellation of partition deed between the petitioner's father and his
brothers vide registered Document No.316 of 1965. In view of the
restoration of patta in the name of the petitioner's deceased father
and the name of the deceased father of the fifth respondent, the
first respondent by order dated 31.05.2022 allowed the appeal filed
by the fifth respondent and the fifth respondent is permitted to deal
with the subject property and directed to agitate before the civil
Court against the partition deed registered vide Document No.316
of 1965.
9.The learned counsel appearing for the official
respondents would submit that the order passed by the first
respondent cannot be challenged in these Writ Petitions and the
petitioner ought to have approached the appropriate civil Court for
appropriate relief to substantiate the partition deed entered
between the petitioner's father and his brothers.
https://www.mhc.tn.gov.in/judis
11/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
10.The learned counsel appearing for the respondents 4
and 5 in W.P(MD)No.13095 of 2022 would submit that there was no
suppression in respect of challenging the patta issued in favour of
the petitioner's mother before the District Revenue Officer,
Sivagangai. As per the order passed by the District Revenue Officer,
Sivagangai, now the first respondent rightly passed the order.
11.As stated supra, the proceedings initiated before the
District Revenue Officer, Sivagangai as against the dead person
namely the petitioner's mother challenging the patta issued in
favour of the petitioner's mother. In fact, already in the earlier
proceedings, the very same District Revenue Officer rejected the
claim made by the fifth respondent and directed him to approach
the civil Court for appropriate relief. Without exhausting the civil
Court remedy, in the name of the fourth respondent, once again the
very same patta was challenged before the very same District
Revenue Officer. Unfortunately, the same officer allowed the
proceedings, cancelled the patta issued in favour of the petitioner's
mother and restored the patta in the name of the dead person. In
pursuant to the said order, the first respondent allowed the appeal
filed by the fifth respondent by the impugned order in W.P(MD)No.
https://www.mhc.tn.gov.in/judis
12/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
13095 of 2022 permitted the fifth respondent to deal with the
property. Therefore, the order passed by the District Revenue
Officer, Sivagagai, dated 04.06.2021 in W.P(MD)No.4303 of 2022
cannot be sustained and the same is liable to be quashed.
12.Accordingly, the order passed by the District Revenue
Officer, dated 04.06.2021 in W.P(MD)No.4303 of 2022 is quashed.
W.P(MD)No.4303 of 2022 is allowed. The patta issued in favour
of the petitioner's mother has been restored. The petitioner and
other legal heirs of the deceased Rajiya Begam are entitled to get
patta in their names and accordingly, the revenue authorities are
directed to mutate the revenue records in respect of the subject
property and issue patta in their favour forthwith.
13.In view of the order passed by this Court in
W.P(MD)No.4303 of 2022, the impugned order, dated 31.05.2022
passed by the first respondent in W.P(MD)No.13095 of 2022 cannot
be sustained and the same is liable to be quashed. Accordingly, the
impugned order dated 31.05.2022 passed by the first respondent in
W.P(MD)No.13095 of 2022 is quashed. W.P(MD)No.13095 of
2022 is allowed.
https://www.mhc.tn.gov.in/judis
13/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
14.In view of the order passed by this Court in
W.P(MD)Nos.4303 of 2022 and 13095 of 2022, W.P(MD)No.4403
of 2019 is allowed and the petitioner in W.P(MD)No.4403 of 2019
is being the legal heir of the deceased Rajiya Begam is entitled for
compensation for the portion of the land acquired by the
respondents 1 to 4 and the respondents 1 to 4 are directed to
disburse the compensation amount as per the award passed by the
acquisition portion of the land comprised in Survey Nos.86/2 and
86/3 situated at Thenmapattu Village, Thirupathur Taluk, Sivagangai
District with applicable interest, within a period of four weeks from
the date of receipt of a copy of this order. There shall be no order as
to costs. Consequently, connected Miscellaneous Petitions are
closed.
29.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
To
1.The District Collector,
Sivagangai, Sivagangai District.
2.The District Revenue Officer,
(Land Acquiring Officer & National Highways),
District Collector Campus,
Pudukkottai,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis
14/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
3.The Special Tahsildar,
(Land Acquiring Officer & National Highways No.226),
Manjula Theater Road,
Thirupathur – 630 211,
Sivagangai District.
4.The Project Director,
National Highways Authority of India (NHAI),
No.1, Subramaniyapuram,
3rd Street, Karakudi,
Sivagangai District.
5.The Inspector General of Registration,
Santhome High Road,
Pattinapakkam, Chennai – 28.
6.The District Regional Registrar,
The Office of the District Regional Registration,
Madurai.
7.The District Registrar,
Karaikudi Registration District,
Karaikudi,
Sivagangai District.
8.The Sub Registrar,
Tirupattur Sub Registration Office,
Sivagangai District.
9.The District Revenue Officer,
Sivagangai,
Sivagangai District.
10.The Deputy Inspector General of Registration,
Madurai Region,
Office of the Deputy Inspector General of Registration,
TNAU Nagar,
Rajakambiram,
Oothakadai,
Madurai – 625 107.
https://www.mhc.tn.gov.in/judis
15/16
W.P(MD)Nos.4403 of 2019, 19919 of 2021, 4303 & 13095 of 2022
G.K.ILANTHIRAIYAN, J.
ps
Order made in
W.P(MD)Nos.4403 of 2019,
4303 & 13095 of 2022
29.11.2024
https://www.mhc.tn.gov.in/judis
16/16