P.Chinnasamy vs The District Collector
2022 Latest Caselaw 575 Mad

                                                                                        W.P.No.173 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 10.01.2022

                                                          CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                    W.P.No.173 of 2022
                                                           and
                                                   W.M.P.No.204 of 2022

                     1. P.Chinnasamy
                     2. M.Sakthivel                                           ... Petitioners

                                                             Vs

                     1. The District Collector,
                        Erode District,
                        Erode – 638 011.

                     2. The Revenue Divisional Officer,
                        Erode District, Erode.

                     3. The Zonal Deputy Tahsildar,
                        Kodumudi (14) Taluk,
                        Erode (10) District.                                 ... Respondents

                                  Writ Petition is filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorari, calling for the records of the second
                     respondent in MU.MU.4747/2020/A4, dated 18.12.2020 quash the same.



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https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.173 of 2022


                                  For Petitioners      :   Mr.V.S.Kesavan

                                  For Respondents      :   Mr.S.Rajesh
                                                           Government Advocate

                                                           ORDER

This writ petition is filed to issue a Writ of Certiorari to call for

the records of the second respondent in MU.MU.4747/2020/A4, dated

18.12.2020 quash the same.

2. The petitioners obtained a decree in O.S.No.1005 of 2019,

dated 28.02.2020 by way compromise on the file of the Principal Sub Court,

Erode for partition and separate possession. The said judgment and decree

was duly registered, vide Document No.1004 of 2020. On the strength of

the decree, the petitioners applied for patta in respect of the share allotted to

them with regard to the property comprised in R.S.No.355/7 to an extent of

32 ½ cents and Patta No.888, situated at Kodumudi Village, Erode District.

However, it was rejected by the second respondent on the ground that they

had to approach the Civil Court and obtained a decree.

https://www.mhc.tn.gov.in/judis W.P.No.173 of 2022

3. As stated supra, already the petitioners and the other share

holders obtained compromise decree in O.S.No.1005 of 2019 by way of

compromise. Without considering the same, the second respondent

mechanically rejected the claim of the petitioners.

4. Considering the above facts and circumstances of the case, the

petitioners are directed to submit a fresh application before the third

respondent for transfer of patta, within a period of two weeks from the date

of receipt of a copy of this order. On receipt of the same, the third

respondent is directed to pass orders on the strength of the decree passed in

O.S.No.1005 of 2019, dated 28.02.2020, after giving opportunity of hearing

to the parties concerned, within a period of twelve weeks thereafter.

https://www.mhc.tn.gov.in/judis W.P.No.173 of 2022

5. With the above direction, this Writ Petition is disposed of.

Consequently, the connected Miscellaneous Petition is closed. No costs.

10.01.2022

Index:Yes/No Speaking Order: Yes kv

To

1. The District Collector, Erode District, Erode – 638 011.

2. The Revenue Divisional Officer, Erode District, Erode.

3. The Zonal Deputy Tahsildar, Kodumudi (14) Taluk, Erode (10) District.

https://www.mhc.tn.gov.in/judis W.P.No.173 of 2022

G.K.ILANTHIRAIYAN, J.

kv

W.P.No.173 of 2022

10.01.2022

https://www.mhc.tn.gov.in/judis