Madras High Court
Karuppayee Ammal vs The District Collector on 21 December, 2021
W.P.(MD).No.19409 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD).No.19409 of 2021
Karuppayee Ammal ... Petitioner
Vs.
1.The District Collector,
Madurai District.
2.The Block Development Officer,
Madurai North Taluk,
Madurai District.
3.The Tahsildar,
Madurai North Taluk,
Madurai District,
The District Registrar,
Madurai District.
4.The President,
Kannikudi Village,
Aalathur,
Madurai District.
5.The Sub Registrar,
Y.Othakadai Sub Registrar Office,
Combined Registration Office,
Y.Othakadai,
Madurai – 625 107.
6.Janaki
7.Sivasundaram ... Respondents
https://www.mhc.tn.gov.in/judis
1/5
W.P.(MD).No.19409 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent no.1
to 5 to consider the petitioner's representation dated 12.10.2021 within a
stipulated time period in accordance with law.
For Petitioner : Mr.M.Iniyavan
For R-1 to R-3 and R-5 : Mr.N.Satheesh Kumar,
Additional Government Pleader.
For R-4 : Mr.M.Lingadurai,
Special Government Pleader.
For R-6 and R-7 : Mr.T.S.R.Venkatramana
ORDER
The Writ Petition has been filed in the nature of Mandamus
seeking a direction to the respondents 1 to 5 to consider the petitioner's
representation dated 12.10.2021.
2. Mr.N.Satheesh Kumar, learned Additional Government Pleader,
takes notice for respondents 1 to 3 and 5, Mr.M.Lingadurai, learned Special
Government Pleader, takes notice for the fourth respondent and
Mr.T.S.R.Venkatramana, learned counsel, takes notice for the sixth and seventh
respondents.
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W.P.(MD).No.19409 of 2021
3. In the affidavit filed in support of the Writ Petition, it had been
stated that the property in Survey Nos.28/10 and 8/5 at Aalathur Village,
Madurai North Taluk, Madurai District are ancestral properties and the
properties in Survey Nos.63/6, 48/9, 16/4, 17/4, 101/3 at Aalathur Village and
the properties in Survey Nos.9/4, 10/5 and 26/3 at Kannikudi Village had been
possessed by the forefathers of the petitioner as cultivating tenants. These are
issues which can never be examined, determined or a finding can never be
given by this Court.
4. It is brought to my notice that in S.A.(MD).No.318 of 2007,
which had incidentally come before me, by a judgment dated 18.09.2018, and
after examining all the issues, a judgment adverse to the interest of the
petitioner had also been passed. There was no recognition of the claim that she
was entitled to the property.
5. Now the petitioner claims that she is a cultivating tenant. As a
matter of fact, she is not a direct tenant. She claims that her forefathers were
cultivating tenants. Irrespective of all these facts, a direction can never be
given to the respondents not to register any document if it is lawfully presented
for registration with appropriate stamp duty and with necessary registration
fees. However, it is stated that the respondents 6 and 7 had now purchased the
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property.
W.P.(MD).No.19409 of 2021
6. Directions as stated by the petitioner cannot be granted by this
Court. Accordingly, this Writ Petition is dismissed. There shall be no order as
to costs.
21.12.2021
Index : Yes / No
Internet : Yes/ No
Lm
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.
To
1.The District Collector,
Madurai District.
2.The Block Development Officer,
Madurai North Taluk,
Madurai District.
3.The Tahsildar,
Madurai North Taluk,
Madurai District,
The District Registrar,
Madurai District.
4.The President,
Kannikudi Village,
Aalathur, Madurai District.
5.The Sub Registrar,
Y.Othakadai Sub Registrar Office,
Combined Registration Office,
Y.Othakadai, Madurai – 625 107.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19409 of 2021
C.V.KARTHIKEYAN, J.
Lm
W.P.(MD).No.19409 of 2021
21.12.2021
https://www.mhc.tn.gov.in/judis
