Judgment:
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :
10. 04.2014 CORAM: THE HON'BLE MR. JUSTICE T. RAJA W.P. No.5884 of 2011 and M.P. Nos. 1 & 2 of 2011 1. Muthuswamy 2. M. Shanmugam 3. S. Selvamani .. Petitioner Vs.
1. The Collector Thiruchengode Taluk Namakkal District Namakkal.
2. The Assistant Director of Land Survey and Records Thiruchengode Taluk Namakkal District Namakkal.
3. The Revenue Divisional Officer Thiruchengode Taluk Thiruchengode 4. The Commissioner Thiruchengode Municipality Thiruchengode.
5. The District Revenue Officer Namakkal District Namakkal 6. P. Senguttuvel 7. M. Jacob Venkatachalapathy 8. M. Ravi 9. K.Ganesan .. Respondents PRAYER: The Writ Petition has been filed under Section 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the proceedings of the 5th respondent in No.Moo.44174/2010 (O-1) dated 23.02.2011 and quash the same and consequently forbear the respondents herein not to in any manner interfere with the peaceful possession and enjoyment of the property including its users or change of user by the respondent herein situate in Ward No.G, Block No.32, T.S. No.152/2, Thiruchengode Town, Namakkal District and pass further orders. For petitioners : Mr. K. Goviganesan For respondents : Mr. S.V. Duraisolaimalai, AGP for R1 to R3 Mr. M.S. Palanisamy for R6 to R9 No Appearance for R4 ORDER
The present Writ Petition has been filed by three persons, namely, C. Muthuswamy, M. Shanmugam and S. Selvamani, jointly challenging the proceedings issued by fifth respondent, the District Revenue Officer, Namakkal, in No.Moo.44174/2010 (O-1) dated 23.02.2011, to quash the same with a consequential direction forbearing the respondents herein not to interfere with the peaceful possession and enjoyment of the property including its users or change of users by the respondents, situated in Ward No.G,Block No.32, T.S. No.152/2, Thiruchengode Town, Namakkal District.
2. The lands covered in T.S. No.152, Old Survey Nos. 204/215 and 217 in Thiruchengode Town along with T.S. No.150, originally belongs to the third petitioner's grand father Palanivel Gounder under a sale deed bearing No.2063 of 1951 date not mentioned. After the life time of Mr. Palanivel Gounder, the petitioners became the absolute owner of the property in T.S. No.152/2. For the purpose of ingress and egress to T.S. No.150 and for the benefit of the adjoining land owners Kuzhanthaivel Goundar, there was a private pathway running east to west from Pokarayan Pettaih road to the other lands belonging to the petitioners. Whileso, in the year 1980, the adjoining land owner Kuzhanthaivel Gounder erected a barbed wire in the private pathway in T.S. No.152/2. Since then the petitioners were using them. It is contended by the learned counsel for the petitioner that the lands covered in survey No.TS1522 are patta lands but the same was wrongly shown as a pathway belonging to Tiruchengode Municipality, during the updating of the revenue register.
3. In view of that, the petitioners filed a civil suit in O.S. No.210/2009 on the file of the learned District Munsif Court, Tiruchengode, seeking for a relief of declaration of title with the consequential injunction. During the pendency of the civil suit, the present impugned order is passed. Aggrieved by the order, the petitioners have come before this Court. Learned counsel for the petitioners further submitted that when the suit is already pending on the file of the District Munsif Court, Thiruchengode seeking a decree for declaration of title and consequential injunction in favour of the petitioners, there is no need for quashing the impugned order. If the impugned order passed by the 5th respondent, the District Revenue Officer, is allowed to stand, this will create a cascading effect on the pending civil suit. On this basis, prayed for interference.
4. Mr. M.S. Palanisamy, learned counsel appearing for respondents 6 to 9, submitted that the present writ petition is filed by 3 petitioners, namely, C. Muthuswamy, M. Shanmugam and S. Selvamani and they have also filed three other writ petitions for the same relief. One by Mr.M. Shanmugam in W.P. No.4742 of 2010 seeking for issuance of a writ of Mandamus directing the respondents to dispose of the representations dated 28.07.2009 and 18.01.2010 in respect of the patta land in T.S. No.152, Tiruchengode Town, wherein this Court by order dated 09.03.2010 directed the second respondent to consider the representations of the petitioner and pass orders on merits, in accordance with law. But the second respondent, pursuant to the orders passed by this court, had issued the proceedings dated 09.07.2010, directing the Tahsildar to remove the survey No.TS.152 from the name of Commissioner of Tiruchengode Municipality and include Town Survey No.152/2 in the name of Muthusamy, Son of Late Chinnu @ Palanivel Gounder. Subsequent to the orders passed, the Tahsildar, Tiruchendgode also issued proceedings dated 27.07.2010 showing the name of Muthusamy, Son of Late Chinnu @ Palanivel Gounder in respect of Survey No.152/2. Subsequently, the very same petitioners namely C. Muthuswamy, M. Shanmugam and S. Selvamani came to this Court in W.P. 19752 of 2010, seeking a writ of declaration that the proceedings issued by the Tahsildar, Tiruchengode in Na.Ka.No.6047/2010-2011/A (16) dated 27.07.2010 is valid and binding on the Commissioner, Tiruchengode Municipality. But, this court by order dated 30.08.2010, taking note of the pendency of the suit, directed the petitioners to approach the civil court. Pursuant to the above direction, the present impugned order has been passed virtually making the civil suit infructuous. Therefore, if the parties are directed to approach the civil court to decide the dispute in respect of Survey Nos. 152/2, Old Survey No.152, Tiruchengode Town, no prejudice would be caused to anyone. Otherwise, there will be a continuous litigation before this court and hence seeks for dismissal of the writ petition.
5. Mr. S.V. Doraisolaimalai, learned Additional Government Pleader appearing for the respondents 1 to 3 and 5, also supported the contentions of the learned counsel for the respondents 6 to 9 and submitted that the Civil Suit in O.S. No.210 of 2009 before the District Munsif Court, Tiruchengode filed by the petitioners, seeking declaration of title and consequential injunction, against the Commissioner of Municipalities, Tiruchengode and the respondents 6 to 9 herein, is pending consideration from 2009. Moreover, there has been a dispute with regard to ownership of the petitioner in respect of the land in Survey No.152/2, Old survey No.152. Therefore, the suit filed by the petitioner on the file of the District Munsif, Thiruchengode should be disposed of, so that the controversy raised in the present writ petition as well as in the civil suit wiill be permanently solved.
6. This court also, considering the orders passed by this court in W.P. No.19752 of 2010 passed on 30.08.2010, directing the petitioners to approach the Civil Court and another order passed in W.P. No.23840 of 2010 dated 08.11.2010 directing the petitioners therein to approach the civil court to obtain a decree, cannot be ignored. When there are repeated orders against the petitioners to approach the civil court to decide the issue, in his own civil suit O.S. No.210 of 2009, the petitioner approaching this Court repeatedly challenging the proceedings issued by the Tahsildar, Tiruchengode in Na.Ka.No.6047/2010-2011/A (16) dated 27.07.2010, is not proper in my considered opinion.
7. Therefore, the Writ Petition is dismissed. However, the petitioners are directed to approach the Civil Court. It is made clear that the learned District Munsif, Tiruchengode is directed to consider the issue raised by the petitioners before the civil court in O.S. No.210/2009, on merits and in accordance with law, without being influenced by the impugned order of the 5th respondent in No.Moo.44174/2010 (O-1) dated 23.02.2011. Consequently, the connected M.Ps. are closed. No costs. 10.04.2014 Index: Yes/No Internet : Yes/No avr To 1. The Collector Thiruchengode Taluk Namakkal District Namakkal.
2. The Assistant Director of Land Survey and Records Thiruchengode Taluk Namakkal District, Namakkal.
3. The Revenue Divisional Officer Thiruchengode Taluk Thiruchengode 4. The Commissioner Thiruchengode Municipality Thiruchengode.
5. The District Revenue Officer Namakkal District, Namakkal. T. RAJA J., avr W.P. No.5884 of 2011 and M.P. Nos. 1 & 2 of 2011 10.04.2014