9911796707
TMI Blog2019 (1) TMI 1799X X X X Extracts X X X X X X X X Extracts X X X X ..... in writ petition is in violation of principles of natural justice. The matter is remitted to the first respondent for fresh hearing and the first respondent shall pass an order after affording sufficient opportunity to both appellant as well as the third respondent and consider their case on merits - Petition allowed by way of remand. - W.A. (MD) No. 1300 of 2014 and M.P. (MD) No. 1 of 2014 - - - Dated:- 7-1-2019 - S.S. Sundar And C. Saravanan, JJ. For the Appellant : S. Meenakshi Sundaram, Senior Counsel for A. Seenivasan For the Respondent : R. Sethuraman, Special Government Pleader JUDGMENT S.S. Sundar, J. 1. This writ appeal is filed against the order of the learned Single Judge of this Court in W.P.(MD) No. 18538 of 2013, dated 05.09.2014, dismissing the writ petition filed by the appellant. 2. The brief facts that are necessary for the disposal of this writ appeal are as follows: 2.1. The appellant's name was included as owner of a property measuring to an extent of 2.30.5 hectare, that is equivalent to 5.69 Acres in S. No. 281/3C in Appaneri Village. It is stated by the appellant that the original owner one Thangammal, who was given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent in the year 1977 is questioned in the writ petition, in the counter affidavit filed by the official respondents as well as the third respondent, there is no specific denial, except referring to the fact that the third respondent's father had obtained the sale deed in the year 1977. 4. While dismissing the writ petition, the learned Single Judge has held as follows: 22. The second issue as to whether there has been violation of principles of natural justice. The petitioner would state that it may be true that notice was issued, but such notice was not issued by the first respondent, but by the second respondent and statement was taken from Manager of the petitioner Company and based on that the first respondent passed the impugned order. It is to be noted that the rectification, if any, has to be ordered by the first respondent, who is the competent authority to rectify errors, which occurred during UDR Scheme and the second respondent is the authority, who has to carry out the rectification so ordered by the first respondent. Therefore, it cannot be stated that the second respondent has absolutely no role to play in the decision making process. Perusal of the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inciples of natural justice cannot be countenanced. 7. The important factual submission of the appellant regarding the validity of the sale deed that was obtained by the third respondent's father in the year 1977 was neither considered by the first respondent nor discussed by the learned Single Judge of this Court. The fact remains that there is no specific denial of the contention of the appellant in the counter affidavit either filed by the official respondents or by the third respondent. In such circumstances, the learned Single Judge has presumed that the report submitted by the Tahsildar, namely, the second respondent was relied upon by the first respondent and that the appellant had not raised those points before the second respondent at the time, when the second respondent conducted an enquiry. The conclusions of the learned Single Judge are therefore, based on surmises and conjunctures. 8. When the question of lack of opportunity or violation of principles of natural justice is raised, it has to be considered with reference to the facts admitted, which are established before this Court. Hence, we are of the firm view that the order impugned in the writ petition is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ineness of Will are pending with High Court of Delhi. In the circumstances, we see no reason to interfere with the order passed by the High Court in the writ petition. 10. With great respect to the Honourable Supreme Court, the Honourable Supreme Court in that case had upheld an order of revenue officials, who had changed the revenue records based on the Will said to have been executed by the original owner in favour of the contesting respondents in the appeal before the Honourable Supreme Court. This Court and the Honourable Supreme Court had repeatedly held that the revenue authorities are not competent to decide the rights under the instruments of interstate succession, when they are in dispute. It may be true that the revenue records may not confer title in all cases. It is only for assessment and collection of land revenue, the land records are prepared by the Government. Though the title of the property cannot be decided merely on the basis of the revenue records, still the entries in revenue records are also relevant. It is to be seen that under the Tamil Nadu Patta Pass Book Act, 1983, the patta is a document of title. The entries in patta or certified copy of entries i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent shall pass an order after affording sufficient opportunity to both appellant as well as the third respondent and consider their case on merits. It is open to the appellant as well as the third respondent to raise all their objections and submit their documents before the first respondent. The first respondent shall pass an order in accordance with law and uninfluenced by any of the findings of this Court and the order passed by the first respondent will subject to the outcome of O.S. No. 271 of 2013, on the file of the Principal District Munsif, Kovilpatti. The Civil Court can independently decided the question of title. 14. While rendering the judgment, we are not holding that the revenue authorities are not competent to decide the question of title based on admitted facts for effecting mutation of records. We are only holding that the revenue authorities are not competent to mutate the revenue records contrary to the provisions of Tamil Nadu Patta Pass Book Act, 1983. Similarly, when a question is raised about the fraudulent nature of transaction and if it is established by documents, which are not disputed, the revenue authorities are competent to correct the entries an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
