Madras High Court
Sudalaimani vs The District Collector on 25 August, 2023
W.P.(MD).No.12222 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.12222 of 2020
and
W.M.P.(MD)No.27 of 2022
Sudalaimani ... Petitioner
Vs.
1.The District Collector,
Tuticorin, Tuticorin District.
2.The Tasildhar,
Tuticorin, Tuticorin District.
3.E.Jeyarani ... Respondents
(R3 is impleaded, vide Court order, dated
13.06.2023, in WMP(MD)No.5945 of
2021 in WP(MD)No.12222 of 2020)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the 2nd respondent to
issue the free patta in the survey No.223/7 and plot No.33 its layout formed by
the Government and its allotted to the house less poor people pursuant to the
petitioner's representation, dated 31.01.2020 and 03.08.2020.
For Petitioner : Mr.S.Arumugam
For R-1 and 2 : Mr.B.Saravanan
Additional Government Pleader
For R-3 : Mr.B.Rajesh Saravanan
https://www.mhc.tn.gov.in/judis
1/5
W.P.(MD).No.12222 of 2020
ORDER
This writ petition is filed for writ of Mandamus, to direct the 2nd
respondent to issue the free patta in the survey No.223/7 and plot No.33 its
layout formed by the Government and its allotted to the house less poor people
pursuant to the petitioner's representation, dated 31.01.2020 and 03.08.2020.
2.The contention of the petitioner is that he is occupying the said
place for more than 40 years, but the respondents failed to issue patta officially.
The petitioner has filed this writ petition without impleading one E.Jeyarani
wife of Late.Essakimuthu. The said plot was allotted to the said Jeyarani's
husband through the assignment patta as early as 30.03.1992.
3.Subsequently the petitioner had filed an impleading petition in
W.M.P. (MD)No.5945 of 2021 and the same was allowed and the said Jeyarani
was impleaded as 3rd respondent.
4. Even though subsequently the said Jeyarani was impleaded, but
the fact remains the petitioner has filed this writ petition without impleading the
necessary party, which shows that the petitioner's attitude that she intended to
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W.P.(MD).No.12222 of 2020
obtained order behind the back of the said Jeyarani. Moreover it is seen that
there are disputes between the petitioner and the 3rd respondent, for which the
3rd respondent has filed a civil suit. Since a civil suit is pending, the rights of
the parties ought to be determined only by the civil suit and not by the revenue
authorities. The petitioner is claiming to consider the representation before the
revenue authorities which can never permitted, when the title of the property is
in dispute, the appropriate remedy is only civil suit.
5. Therefore, this Court is not inclined to entertain this writ
petition. The parties are directed to contest the civil suit and based on the
outcome of the said suit the parties shall approach the revenue authorities.
Thereafter, the revenue authorities shall act upon the judgment passed by the
Civil Court.
6. With the above said observation, the writ petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
25.08.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Tmg
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12222 of 2020
To
1.The District Collector,
Tuticorin, Tuticorin District.
2.The Tasildhar,
Tuticorin, Tuticorin District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12222 of 2020
S.SRIMATHY, J.
Tmg
W.P.(MD).No.12222 of 2020
25.08.2023
https://www.mhc.tn.gov.in/judis
