K.Neelambal vs The District Collector
2023 Latest Caselaw 591 Mad

                                                                            W.P(MD)No.29287 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 10.01.2023

                                                   CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            W.P(MD)No.29287 of 2022

                K.Neelambal                                              ... Petitioner

                                                      Vs.

                1.The District Collector,
                  Collector Office,
                  Thanjavur District.

                2.The District Revenue Officer,
                  Collector Office,
                  Thanjavur District.

                3.The Thasildhar,
                  Taluk Office,
                  Thanjavur District.                                  ... Respondents


                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the respondents to
                consider petitioner's representation dated on 22.12.2016 and 08.05.2020 and
                reminder dated on 07.03.2022 to issue patta to her regarding the property in
                RS.No.197/2 to an extent of 60 cents in Melaveli Village, Thanjavur District in
                the light of decree passed by the District Munsif Court, Thanjavur in
                O.S.No.68/2009 dated on 17.02.2016.




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                                                                             W.P(MD)No.29287 of 2022


                                  For Petitioner   : Mr.A.Senthil Kumar

                                  For Respondents : Mr.M.Siddharthan,
                                                        Addl. Government Pleader.


                                                       ORDER

Heard the learned counsel on either side.

2.The petitioner seeks issuance of patta based on the judgment and

decree dated 17.02.2016 passed in O.S.No.68 of 2009 on the file of District

Munsif Court, Thanjavur. It is an ex-parte decree. It is true that an ex-parte

decree is also decree having same status and force.

3.When the matter was taken up for hearing, the learned Additional

Government Pleader submitted that steps are being taken to have the ex-parte

decree set aside. I do not know as to why the respondents were sleeping for six

longs years. Be that as it may, it is very well open to the petitioner to file an

execution petition. If any such execution petition is filed, the same will be

numbered and processed expeditiously by the Executing Court. If any petition

for setting aside the ex-parte judgment and decree, the same also will be

disposed on merits and in accordance with law as expeditiously as possible.

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

W.P(MD)No.29287 of 2022

4.With this direction to the learned District Munsif, Thanjavur, the writ

petition is disposed of. The Registry is directed to mark a copy of this order to

the learned District Munsif, Thanjavur. No costs.

                                                                      10.01.2023
                NCS               :Yes/No
                Index             : Yes / No
                Internet          : Yes/ No
                ias

                To:-

                1.The District Collector,
                  Collector Office,
                  Thanjavur District.

2.The District Revenue Officer, Collector Office, Thanjavur District.

3.The Thasildhar, Taluk Office, Thanjavur District.

Copy to:-

The District Munsif Court, Thanjavur.

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

W.P(MD)No.29287 of 2022

G.R.SWAMINATHAN, J.

ias

W.P(MD)No.29287 of 2022

10.01.2023

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