Madras High Court
Saraswathi Ammal vs The Additional District ... on 20 April, 2021
W.P.(MD).No.8198 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8198 of 2021
Saraswathi Ammal ...Petitioner
Vs.
1.The Additional District Magistrate
cum the District Revenue Officer,
O/o. District Revenue Officer,
Ramanathapuram.
2.The Sub Collector cum
the Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Ramanathapuram.
3.The Thasildar,
Ramanathapuram Taluk,
Ramanathapuram District.
4.Padmavathi Ammal
5.Syed Ameer Ali ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, to direct the third respondent to issue patta in
Survey No.144/1, located at Servaikaran Urani Village in Atrangarai Group at
Ramanathapuram District, in favour of the petitioner as per the decree of the
learned District Munsif at Rameswaram in O.S.No.112 of 2010, dated
22.12.2010, within a stipulated time prescribed by this Court.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8198 of 2021
For Petitioner : Mr.S.A.S.Alaudeen
For R1 to R3 : Mr.P.Mahendran
Additional Government Pleader
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus, directing the third respondent to consider the representation
made by the petitioner on 22.12.2010, wherein, the petitioner is seeking for
issuance of patta in her name with respect to the subject property in line with
the Decree passed in O.S.No.112 of 2010, dated 22.12.2010, by the District
Munsif Court, Rameswaram.
2. The case of the petitioner is that the subject property
originally belonged to the petitioner, fourth respondent and her brothers and
they inherited the property from their father. Thereafter, the fourth
respondent instituted a partition suit in O.S.No.349 of 2004, before the
District Munsif Court, Ramanathapuram. This suit was later transferred to
the file of the District Munsif Court, Ramanathapuram and renumbered as
O.S.No.112 of 2010. The petitioner was also one of the party in the said suit.
The suit came to be decreed by the Judgment and Decree, dated 22.12.2010
and the shares were allotted in favour of all the legal heirs.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8198 of 2021
3. The petitioner, thereafter, filed a petition in I.A.No.36 of 2013,
for passing of the final decree and by an order dated 26.06.2014, a final
decree was passed and consequently, the petitioner and the fourth respondent
were allotted six acres of land in Survey No.144/1.
4. The petitioner, thereafter, made an application before the third
respondent seeking for a separate patta in her favour. After enquiry, the third
respondent through proceedings, dated 26.04.2016, issued a joint patta in
favour of the petitioner, fourth respondent and the fifth respondent.
5. An appeal was filed before the second respondent and the
second respondent through proceedings, dated 26.08.2020, set aside the order
passed by the third respondent.
6. The petitioner, thereafter, made an application seeking for
separate patta for the property that was allotted in favour of her and the fourth
respondent. The first respondent, through a letter, dated 07.10.2020, had
directed the third respondent to consider the same and pass orders. The
grievance of the petitioner is that the third respondent has not acted upon the
representation and also directions issued by the first respondent. Left with no
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8198 of 2021
other alternative, the present Writ Petition has been filed before this Court
seeking for appropriate directions.
7. Heard Mr.S.A.S.Alaudeen, learned Counsel appearing on
behalf of the petitioner and Mr.P.Mahendran, learned Additional Government
Pleader appearing on behalf of the respondents 1 to 3.
8. Taking into consideration the facts and circumstances of the
case and the limited relief sought for in this Writ Petition, there shall be a
direction to the third respondent to act upon the directions issued by the first
respondent, through letter dated 07.10.2020 and pass appropriate orders on its
own merits and in accordance with law, within a period of six (6) weeks from
the date of receipt of a copy of this order. If there are any other interested
parties claiming right over the property, they shall also be issued with notice
and an opportunity shall also be given to them.
9. The petitioner is directed to make a fresh representation to the
third respondent along with all the relevant documents and also a copy of this
order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8198 of 2021
10. This Writ Petition stands disposed of with the above
directions. No costs.
20.04.2021
Internet : Yes/No
Index : Yes/No
tsg
To
1.The Additional District Magistrate
cum the District Revenue Officer,
O/o. District Revenue Officer,
Ramanathapuram.
2.The Sub Collector cum
the Revenue Divisional Officer,
O/o.Revenue Divisional Officer,
Ramanathapuram.
3.The Thasildar,
Ramanathapuram Taluk,
Ramanathapuram District.
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8198 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.8198 of 2021
Dated:
20.04.2021
https://www.mhc.tn.gov.in/judis/
