Madras High Court
William (Died) vs The Thasildar on 8 April, 2022
W.P.(MD)No.11168 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.11168 of 2011
and M.P.(MD)No.1 of 2011
1. William (died)
2. Amalarani
3. Kulandai Jebalenin
4. Daniel Benet Prakash ... Petitioners
(Petitioners 2 to 4 are substituted
vide order dt.30.07.2020 in
WMP(MD)No.652/2020 in
W.P.(MD)No.11168/2011)
versus
1. The Thasildar,
Radhapuram Taluk,
Radhapuram,
Tirunelveli District.
2. The Revenue Divisional Officer,
Cheranmadevi,
Tirunelveli District.
3. Sekar
4. Santhakumar
(R4 is impleaded vide Court
order dt.06.03.2012 in M.P(MD)
No.2 of 2011) ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11168 of 2011
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus, to call for
the records pertaining to the proceedings of the second respondent in
Na.Ka.A1-2324-2010 dated 21.07.2011 and quash the same and
consequently, direct the respondents 1 and 2 to restore the patta No.
1514 in respect of the lands in Survey No.222 (old patta No.963),
measuring 1 Acres 22 cents in Kottai Karungulam Village,
Radhapuram Taluk, Tirunelveli District with the name of petitioner's
father i.e. Jebamalai Nadar.
For Petitioners : No appearance
For R1 and R2 : Mr.A.Baskaran
Additional Government Pleader
For R3 and R4 : Mr.Nirajan S.Kumar
ORDER
This writ petition is filed as against the order dated 21.07.2011
passed by the second respondent/the Revenue Divisional Officer,
transferring the patta in the name of the third respondent.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11168 of 2011
2. Today, when the matter is called, there is no representation for
the petitioners.
3. The learned counsel for the respondent Nos.3 and 4 submits
that subsequent to the orders of the Revenue Divisional Officer, the
second petitioner, who is the wife of the deceased first petitioner, filed
a suit in O.S.No.220 of 2007 before the Principal District Munsif
Court, Valliyoor, seeking declaration and injunction with regard to the
same lands in Survey No.222. The Principal District Munsif,
Valliyoor, by Judgment and Decree dated 11.02.2011, dismissed the
suit. Aggrieved over the same, she also filed an appeal before the Sub
Court, Valliyoor, in A.S.No.47 of 2011, which was also dismissed by
Judgment and Decree dated 13.06.2016. The learned counsel has also
produced a copy of the Judgments in O.S.No.220 of 2007 and A.S.No.
47 of 2011.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11168 of 2011
4. In view of the subsequent development and since the issue has
already been decided by the Civil Courts, nothing survives for
adjudication in this writ petition. Accordingly, the writ petition is
dismissed. It is always open to the petitioners to work out their remedy
before the appropriate forum in the manner known to law. No costs.
Consequently, connected miscellaneous petition is closed.
08.04.2022
ogy
Index : Yes / No.
Internet: Yes / No.
To
1. The Thasildar,
Radhapuram Taluk,
Radhapuram,
Tirunelveli District.
2. The Revenue Divisional Officer,
Cheranmadevi,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.11168 of 2011
B.PUGALENDHI, J.
ogy
W.P.(MD)No.11168 of 2011
08.04.2022
https://www.mhc.tn.gov.in/judis
