Rajappan vs The District Collector, The Tahsildar and The Village Administrative Officer

M. Venugopal, J.—The Petitioner has projected the present writ petition seeking for a Writ of Mandamus to direct a direct the Respondents

1 to 3 to receive the kist, land tax etc., from the Petitioner in respect of the Punja land in Survey Number 61/1A2-5 ad-measuring 0.62.0 hectares

in Kothamangalam South Village, Alangudi Taluk, Pudukkottai District.

It is the submission of the learned Counsel for the Petitioner that the Petitioner has purchased the land in Survey Number 61/1A2-5 ad-

measuring 0.62.0 hectares in Kothamangalam South Village, Alangudi Taluk, Pudukkottai District, from one Muruthalingam through the Sale Deed

dated 14.02.1995. Earlier, the said property has been belonged to one Avudai son of Muthusamy, who has been issued patta in Patta No. 93.

The case of the Petitioner is that one Veeramuthu Servai has filed a suit in O.S. No. 143 of 2000 on the file of the learned District Munsif,

Aranthangi, in respect of declaration of tile and injunction against the Petitioner and thirteen others in regard to the land in Survey No. 61/1A2-5

ad-measuring 0.62.0 hectares in Kothamangalam South Village, Alangudi Taluk, Pudukkottai District and the said suit as on date is pending for

disposal.

The plea of the Petitioner is that he is the pattadar of the land in Survey No. 61/1A2-5 ad-measuring 0.62.0 hectares in Kothamangalam South

Village,Alangudi Taluk, Pudukkottai District and as such, he is bound to pay the land revenue, kist etc., to the Government. However, the Third

Respondent/Village Administrative Officer, Kothamangalam South Village, Pudukkottai District, has refused to receive the kist from the Petitioner

for the patta standing in his name without any valid reason. The limited prayer sought for in this writ petition is only for issuance of a direction by

this Court to the Respondents in receiving the kist, land tax etc., from the Petitioner in respect of the punja land in Survey No. 61/1A2-5 ad-

measuring 0.62.0 hectares in Kothamangalam South Village, Alangudi Taluk, Pudukkottai District, comprised in Patta No. 2146 standing in the

name of the Petitioner.

It is to be noted that the Petitioner has also been given the Patta Pass Book. As seen from the communication from the Head Quarters Deputy

Tahsildar, Alangudi, dated 18.01.1993, even the order of the Alangudi Tahsildar''s proceedings in Na. Ka. No. 7868/95 dated 30.10.1996, also

speaks of the patta being transferred in the name of the Petitioner subject to the result of O.S. No. 183 of 1996 on the file of the District Munsif

Court, Pudukkottai.

At this stage, the learned Counsel for the Petitioner brings it to the notice of this Court that earlier, O.S. No. 183 of 1996 has been filed by one

Veeramuthu Servai on the file of the District Munsif Court, Pudukkottai and later on, the said suit has been withdrawn and re-presented before the

proper Court, namely, the District Munsif Court, Aranthangi and numbered as O.S. No. 143 of 2000 and the same is pending as on date.

Be that as it may, in view of the fact that in respect of the land in question, the Patta Pass Book has been issued in the name of the Petitioner and

also the patta stands in his name, this Court by taking note of the balance of convenience in favour of the Petitioner and also on the basis of equity,

fair play, good conscience and even as a matter of prudence, directs the Respondents to receive the kist, land tax etc., from the Petitioner till the

disposal of the suit, calculating the arrears if any in respect of punja land in Survey No. 61/1A2-5 ad-measuring 0.62.0 hectares in

Kothamangalam South Village, Alangudi Taluk, Pudukkottai District, standing in the name of the Petitioner till the disposal of the suit in O.S. No.

143 of 2000 on the file of the District Munsif Court, Aranthangi.

Accordingly, the writ petition is disposed of. No costs.