Madras High Court
R.Lakshmi vs The District Collector on 9 September, 2022
W.P.(MD)No.219 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2022
CORAM
THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN
Writ Petition (MD) No.219 of 2021
R.Lakshmi .. Petitioner
Versus
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
Devakottai, Sivagangai District.
3.The Tahsildar,
Karaikudi,
Sivagangai District. .. Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, to direct the third respondent herein to
subdivide and also to issue individual Pattas to the petitioner in respect of
lands in S.Nos.147, 41/1, 33/19, 32/2D, 32/19 and Door No.10/10, situated at
Malaikandan Village, Kallal Union, Karaikudi Taluk, Sivagangai, as per the
final decree dated 26.07.2012, passed in I.A.No.349 of 2010 in O.S.No.38 of
2004, on the file of the District Munsif Court, Karaikudi, within the time limit
to be fixed by this Court.
For Petitioner : Mr.AL.Kannan
For Respondents : Mr.A.Kannan
Additional Government Pleader
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W.P.(MD)No.219 of 2021
ORDER
The petitioner has filed this Writ Petition seeking a direction to the third
respondent herein to subdivide and also to issue individual Pattas to the
petitioner in respect of lands in S.Nos.147, 41/1, 33/19, 32/2D, 32/19 and
Door No.10/10, situated at Malaikandan Village, Kallal Union, Karaikudi
Taluk, Sivagangai, as per the final decree dated 26.07.2012, passed in I.A.No.
349 of 2010 in O.S.No.38 of 2004, on the file of the District Munsif Court,
Karaikudi, within a time frame to be fixed by this Court.
2.According to the petitioner, the aforesaid lands and various other
properties belong to the petitioner's ancestors. After the demise of her
ancestors, the other co-shares have not given share to the petitioner. Hence,
she filed a suit in O.S.No.38 of 2004 before the District Munsif-cum-Judicial
Magistrate Court, Karaikudi, seeking partition as against the co-sharers. The
said suit was dismissed, vide judgment and decree dated 13.08.2008.
Aggrieved over the same, the petitioner has preferred first appeal in A.S.No.16
of 2008 before the Subordinate Court, Devakottai. The said first appeal was
allowed, vide the judgment and decree, dated 27.08.2009, granting decree of
half share in the suit schedule properties to the petitioner. Based on the said
judgment and decree passed in A.S.No.16 of 2008, the petitioner has filed final
decree application in I.A.No.349 of 2010 before the District Munsif Court,
Karaikudi, in which, an Advocate Commissioner was appointed. After due
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W.P.(MD)No.219 of 2021
inspection of suit schedule properties, the Advocate Commissioner filed his
report. On perusal of the Advocate Commissioner's report and the objections
raised by both the parties, the learned District Munsif, Paramakudi, passed
final decree on 26.07.2012, in which, the above mentioned properties were
allotted to the petitioner. As against the said decree, no appeal has been
preferred and the final decree passed by the learned District Munsif,
Karaikudi, has become final. From the date of passing of final decree, the
petitioner is in peaceful possession and enjoyment of the said properties. In
order to transfer all the revenue records in respect of the above said properties
in her name, the petitioner made several representations, including the
representation dated 15.12.2020. Despite the petitioner's repeated requests to
dispose of her application for transfer of Patta, based on the final decree
passed by the competent Civil Court, till date, the third respondent herein has
not chosen to pass any orders. Hence, the present Writ Petition.
3.Today, when the matter is taken up for hearing, Mr.A.Kannan, learned
Additional Government Pleader appearing for the respondents submits that
the petitioner may be directed to give a fresh representation and the same
would be considered by the third respondent in accordance with law, within a
time frame.
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W.P.(MD)No.219 of 2021
4.In view of the above said submission made by the learned Additional
Government Pleader appearing for the respondents, this Court directs the
petitioner to give a fresh representation to the third respondent, within a period
of two weeks from the date of receipt of a copy of this order. On receipt of the
said representation, the third respondent is directed to consider the same and
pass appropriate orders on merits and in accordance with law, after affording
an opportunity of hearing to the parties concerned, within a period of six
weeks thereafter.
5.With the above directions, this Writ Petition is disposed of. No costs.
Index : Yes/No 09.09.2022
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To
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
Devakottai, Sivagangai District.
3.The Tahsildar,
Karaikudi,
Sivagangai District.
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W.P.(MD)No.219 of 2021
V.BHAVANI SUBBAROYAN, J.
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Order made in
W.P.(MD)No.219 of 2021
09.09.2022
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