Madras High Court
P.S.Mani vs The District Collector on 8 April, 2022
W.P(MD)No.8895 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.8895 of 2011
and
M.P(MD)No.2 of 2011
1.P.S.Mani
2.P.S.Pandian
3.P.S.Ayyanathan ... Petitioners
Vs
1.The District Collector,
Theni, Theni District.
2.The District Revenue Officer,
Theni, Theni District.
3.The Revenue Divisional Officer,
Uthamapalayam,
Theni District.
4.The Tahsildar,
Bodinayakkanur,
Theni District.
5.Karuppiah ... Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India for issuance of writ of
Certiorarified mandamus, calling for the records pertaining
to the impugned order passed by the 2nd respondent in
Na.Ka.No.40851/2010/D4, dated 08.11.2010 and quash the same
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.8895 of 2011
as illegal and arbitrary and consequently direct the 4th
respondent to issue the patta in favour of the petitioner
regarding the property in Survey No.537/6,
Melachokkanathapuram, Bodinayakkanur Town.
For Petitioner : No appearance
For Respondent : Mr.N.Ramesh Arumugam,
Nos.1 to 4 Government Advocate
For Respondent : Mr.Herold Singh
No.5
ORDER
This writ petition has been filed as against the order
dated 08.11.2010 passed by the DRO, Theni, rejecting the
appeal of the petitioner.
2.The DRO, Theni vide his proceedings dated 08.11.2010
has rejected the appeal of the petitioner for grant of
patta in favour of the petitioner, on the ground that civil
suit is pending between the parties and the petitioner has
to work out his remedy before the civil Court concerned.
Aggrieved over the same, the present writ petition is
filed.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.8895 of 2011
3.There is no representation for the petitioner.
The learned Counsel for the fifth respondent submits that
on the subject mentioned suit property, a suit in O.S.No.9
of 2009 was filed before the District Munsif,
Bodinayakkanur and the same was decreed in favour of the
fifth respondent vide judgment and decree dated 21.12.2015.
The learned Counsel further submits that the fifth
respondent is no more and therefore, he is unable to find
out whether any appeal was filed as against the judgment
and decree dated 21.12.2015 in O.S.No.9 of 2009 on the file
of the District Munisif, Bodinayakkanur.
4.This Court is satisfied with the submission made on
behalf of the fifth respondent that on the very same
subject property, a suit was filed and it was decreed in
favour of the fifth respondent. Therefore, this Court is of
the view that no further order is required to be passed in
this writ petition.
5.In view of the above, this writ petition stands
dismissed, with liberty to the petitioner to work out his
remedy before the appropriate civil forum. No costs.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.8895 of 2011
Consequently, connected miscellaneous petition is also
dismissed.
08.04.2022
Index : Yes / No
Internet : Yes / No
dsk
To
1.The District Collector,
Theni, Theni District.
2.The District Revenue Officer,
Theni, Theni District.
3.The Revenue Divisional Officer,
Uthamapalayam,
Theni District.
4.The Tahsildar,
Bodinayakkanur,
Theni District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.8895 of 2011
B.PUGALENDHI, J.
dsk
W.P(MD)No.8895 of 2011
08.04.2022
https://www.mhc.tn.gov.in/judis
