Madras High Court
P.Kumaresan vs The District Collector on 24 January, 2022
W.P.(MD) No.960 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD) No.960 of 2022
P.Kumaresan ... Petitioner
vs.
1.The District Collector,
Ramanathapuram,
Ramanathapuram District.
2.The Tahsildar,
Taluk Office, Paramakudi,
Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to issue patta in respect
of lands in T.S.No.53/2, Block-23, Ward-G, Bharathi Nagar West,
Marudhupandiyar Nagar, Paramakudi, Ramanathapuram District to an extent of
1897 ½ sq.ft based on the petitioner's representation, dated 30.12.2021.
For Petitioner : Mr.R.Velumurugan
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.960 of 2022
ORDER
Heard Mr.R.Velmurugan, learned counsel for the petitioner and
Mr.S.Shanmugavel, learned Additional Government Pleader, who takes notice on
behalf of both the respondents.
2.The petitioner had purchased properties measuring 1897 ½ sq.ft. at
T.S.No.53/2, Block No.23, Ward-G, Bharathi Nagar West, Marudhu Pandiyar
Nagar, Paramakudi, by a sale deed, dated 29.04.1982. Thereafter, since there was
a dispute with respect to possession, the petitioner had instituted a suit in
O.S.No.59 of 2008 on the file of the District Munsif Court, Paramakudi. The
individual who was in possession/defendants had also filed a cross suit in
O.S.No.54 of 2008 again before the District Munsif Court, Paramakudi.
3.The learned counsel for the petitioner contends that the suit of the
petitioner, namely, O.S.No.59 of 2008 was partly decreed by judgment dated
30.08.2010, but the suit in O.S.No.54 of 2008 was dismissed. First Appeals
naturally followed, which were before the Sub Court, Paramakudi in A.S.No.17 of
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.960 of 2022
2011 and A.S.No.13 of 2011. It is contended that the appeal filed by the
petitioner was allowed which effectively meant that the suit in O.S.No.59 of 2008
was decreed in entirety. The Appellate Court had delivered judgments on
19.02.2013. Now the petitioner seeks patta for the aforementioned lands. The
petitioner had given a representation on 30.12.2021. It would only be appropriate
that the petitioner files an application in proper form an online and also pays
necessary charges in the treasury.
4.The learned Additional Government Pleader for the respondents states
that if such procedure is adopted by the petitioner, then, the respondents,
particularly, the second respondent/Tahsildar, Paramakudi would examine the
same and pass necessary orders.
5.An obligation is placed on the second respondent to, on receipt of such
application, issue notice to the petitioner and examine the documents furnished by
the petitioner, issue notice to anybody else might be either directly or otherwise
interested, thereafter, take a decision. At any rate, a decision should be taken
within a period of twelve weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.960 of 2022
6.With the above observations, the Writ Petition stands disposed of. No
costs.
24.01.2022
Index : Yes / No
Internet : Yes / No
sji
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,
Ramanathapuram,
Ramanathapuram District.
2.The Tahsildar,
Taluk Office, Paramakudi,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.960 of 2022
C.V.KARTHIKEYAN,J.
sji
W.P.(MD) No.960 of 2022
24.01.2022
https://www.mhc.tn.gov.in/judis
