Madras High Court
Ponnuthai vs The Tahsildar on 17 April, 2023
W.P(MD)No.5007 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.5007 of 2023
Ponnuthai ... Petitioner
Vs.
The Tahsildar
Taluk Office,
Ottapidaram Taluk,
Thoothukudi District. ... Respondent
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus directing the respondent to
issue patta based on the orders of the High Court, Madurai Bench in
S.A.No.925/1998 dated 23.04.2008 and on the petitioner's last
representation dated 02.02.2023 in respect of properties comprised in
S.No.323/10 to an extent of 19 cents out of 38 cents and S.No.295/2 to
1/6
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W.P(MD)No.5007 of 2023
an extent of 76-1/2 cents out of 1 acre 53 cents situated at
K.Velayudhapuram Village, S.Kumarapuram Revenue Village,
Ottapidaram Sub Registration District, Thoothukudi Registration
District.
For Petitioner : Mr.R.Murugan
For Respondent : Mr.J.Ashok
Additional Government Pleader
ORDER
The writ petition has been filed in the nature of a Mandamus
seeking a direction to the respondent / Tahsildar, Ottapidaram Taluk,
Thoothukudi District, to issue patta based on the judgment of the
Madurai Bench of Madras High Court in S.A.No.925 of 1998, dated
23.04.2008 with respect to the lands in Survey No.323/10 measuring 19
cents out of a larger area 38 cents and in Survey No.295/2 measuring
76-1/2 cents out of a larger area of 1 acre 53 cents at K.Velayudhapuram
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W.P(MD)No.5007 of 2023
Village, S.Kumarapuram Revenue Village, Ottapidaram Sub Registration
District, Thoothukdi District.
2. In the affidavit filed in support of the writ petition, it had
been stated that the petitioner had originally filed O.S.No.221 of 1992
for declaration of title and permanent injunction. The suit was decreed.
The defendants filed A.S.No.50 of 1993. That was allowed and the
judgment of the trial Court was reversed and modified. Thereafter, the
petitioner filed S.A.No.925 of 1998. That was allowed. The operative
portion of the second Appeal is as follows :
"Consideration of the evidence available on
the record and relying upon section 15 (2) (a) of
the said Act, the lower appellate court came to the
conclusion that the defendants cannot interfere the
plaintiffs possession in respect of item nos 1 and 2
of the suit properties. The plea of the
relinquishment in favour of the petitioner is not
proved in a manner known to law. The lower
appellate court granted relief of declaration of title
in favor of the plaintiff in respect of the half shares
in the suit properties and some more share in the
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W.P(MD)No.5007 of 2023
remaining half share. The lower appellate court
also while granting the relief of injunction as
claimed by the plaintiff in respect of item nos.1
and 2 of the suit properties, rejected her claim for
recovery of possession in respect of the 3rd item of
the suit property. I find the plaintiff is entitled for
half share in the suit properties in respect of the
remaining share of the suit property the parties can
agitate before the appropriate forum by filing a
separate suit. The second appeal is disposed off
accordingly."
Consequent to this order, the share of the petitioner had been declared by
the High Court. Therefore, the petitioner had given a representation
seeking patta.
3. It is stated by the learned Additional Government Pleader
that enquiry is in progress. A direction is given to the respondent to
consider the judgment of the High Court in aforementioned S.A.No.925
of 2008, dated 23.04.2008 and thereafter, make a spot inspection, if
required, and grant opportunity to all parties including the defendants in
O.S.No.221 of 1992 / their legal representatives and pass final orders.
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W.P(MD)No.5007 of 2023
Such order should be passed within a period of eight weeks from the date
of receipt of a copy of this order.
4. With the above directions, the Writ Petition stands
disposed of. No costs.
17.04.2023
Index :Yes/No
Internet :Yes/No
NCC : Yes / No
RM
To
The Tahsildar
Taluk Office,
Ottapidaram Taluk,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5007 of 2023
C.V.KARTHIKEYAN, J.
rm
W.P(MD)No.5007 of 2023
17.04.2023
https://www.mhc.tn.gov.in/judis
