Madras High Court
Subaitha Begum vs The District Collector on 14 December, 2022
W.P(MD)No.14677 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.14677 of 2013
and
M.P(MD)Nos.1 to 3 of 2013
Subaitha Begum ... Petitioner
Vs.
1.The District Collector,
Trichy District.
2.The Revenue Divisional Officer,
Thiruchirapalli District.
3.The Tahsildar,
Manapparai,
Trichy District.
4.Ramasubramanian ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to impugned order in Na.Ka.No.
m7.2340-2013 dated 19.07.2013 on the file of the 2nd respondent and
quash the same as illegal, unjust, without jurisdiction and consequently
restraining the Respondents No.2 & 3 from inclusion of names of any
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W.P(MD)No.14677 of 2013
person in the existing petitioner's pattas No.3437 and 2853 in
Kannudaiyanpatti Village, Manapparai Taluk, Tiruchy District pending
disposal of the civil suit in O.S No.32 of 2013 on the file of the District
Munsif Court, Manapparai.
For Petitioner : Mr.S.A.Ajmal Khan
For R1 - R3 : M/s.D.Farjana Ghoushia
Special Government Pleader
For R4 : Mr.K.Prabhakar Raguvaran Gopalan
ORDER
The petitioner had approached this Court being aggrieved against
the order passed by the 2nd respondent/Revenue Divisional Officer,
Trichy, dated 19.07.2013, whereunder, he had set aside the order of the
Tahsildar, dated 18.04.2013 and restore the order passed by the Deputy
Tahsildar, dated 07.01.2013.
2. The case of the petitioner is that he is the owner of the property
by way of a purchase in the year 1995. Since there is a dispute between
him and the 4th respondent herein, he had preferred a suit in O.S.No.32 of
2013 on the file of the Additional District Munsif Court, Manapparai
seeking for a relief of permanent injunction against the 4th respondent
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W.P(MD)No.14677 of 2013
from interfering with his possession and enjoyment. In the meantime, the
Deputy Tahsildar, by his order, dated 07.01.2013 had directed transfer of
patta in the name of the 4th respondent, which was challenged by the
petitioner before the Tahsildar, namely the 3rd respondent. The 3rd
respondent had directed the parties to approach for grant of patta based
on the pending suit in O.S.No.32 of 2013 on the file of the Additional
District Munsif Court, Manapparai. The 4th respondent herein being
aggrieved against the order of the 3rd respondent, had approached the 2nd
respondent. The 2nd respondent in and by his impugned order, had set
aside the order of the Tahsildar and restored the order of the Deputy
Tahsildar.
3. It is brought to the notice of the Court by the learned counsel
appearing for the petitioner and the 4th respondent, pending this writ
petition, the suit in O.S.No.32 of 2013 has been decreed in favour of the
writ petitioner on 03.11.2017 and appeal suit filed by the 4th respondent
has also been dismissed.
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W.P(MD)No.14677 of 2013
4. In view of the subsequent development, the 3rd respondent is
directed to consider the case of the petitioner and act in accordance with
the judgment and decree made in O.S.No.32 of 2013, dated 03.11.2017
passed by the Additional District Munsif, Manapparai and pass
appropriate orders within a period of eight (8) weeks from the date of
receipt of a copy of this order.
5. With the above said observations, this Writ Petition stands
disposed of. There shall be no order as to costs. Consequently, connected
Miscellaneous Petitions are closed.
14.12.2022
Index : Yes / No
Internet : Yes / No
gbg
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14677 of 2013
To
1.The District Collector,
Trichy District.
2.The Revenue Divisional Officer,
Thiruchirapalli District.
3.The Tahsildar,
Manapparai,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14677 of 2013
K.KUMARESH BABU,J.
gbg
Order made in
W.P(MD)No.14677 of 2013
Dated:
14.12.2022
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