K.Madhavan Nair vs The State Of Tamil Nadu
2023 Latest Caselaw 2918 Mad

                                                                              WP(MD)No.9158/2014

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 20.03.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                               WP(MD)No.9158/2014

                     K.Madhavan Nair                                           ...Petitioner
                                                         Vs

                     1.The State of Tamil Nadu,
                       Represented by
                       The District Collector,
                       Kanyakumari District,
                       Nagercoil.

                     2.The Tahsildar,
                       Kalkulam Taluk,
                       Thuckalay Post,
                       Kanyakumari District.

                     3.Francis                                                 ...Respondents

                     (R3 impleaded vide Court order dated 02.09.2015 in MP(MD)No.
                     1/2015)

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     to issue a Writ of Certiorarified Mandamus calling for the records
                     relating to M5/2717/12 dated 22.08.2013 on the file of the second
                     respondent herein and quash the same, consequently, direct the
                     respondents herein to issue patta to the petitioner herein in respect of 94
                     cents of land in old S.No.1708/2 (RS.No.657/10) Ponmanai Village,


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https://www.mhc.tn.gov.in/judis
                                                                                 WP(MD)No.9158/2014

                     Kalkulam Taluk, Kanyakumari District.


                                        For Petitioner    :     Mr.Murugan

                                        For Respondents :       Mrs.K.Christy Theboral,
                                                                Additional Government Pleader
                                                                for R1 and R2

                                                                Mr.R.Joseph Thangaraj for R3


                                                         ORDER

The petitioner claiming title over the property in RS.No.657/10,

Ponmanai Village, Kalkulam Taluk, Kanyakumari District, has

approached the Tahsildar for grant of patta. The same was rejected by

the Tahsildar by referring the litigations pending between the parties

before the District Court, Nagercoil in AS.No.65/2012. Therefore, the

petitioner has filed this writ petition to set aside the order of the Tahsildar

and also for a consequential direction to issue patta in his favour.

2. This writ petition which was filed in the year 2014 is kept

pending for the past nine years. In the meantime, the first appeal

preferred by the third respondent in AS.No.65/2012 on the file of the

https://www.mhc.tn.gov.in/judis WP(MD)No.9158/2014

District Court, Nagercoil was dismissed on 12.01.2015. As against that

order, the third respondent has filed a Second Appeal in SA.No.32/2016

and the same was allowed by this Court by Judgment and Decree dated

20.11.2017. Thereafter, the petitioner has preferred SLP before the

Honourable Supreme Court in SLP.No.6399/2018 and the same was

dismissed on 22.03.2018.

3. In view of the subsequent developments, this Court is not

inclined to grant the prayer sought for by the petitioner. Accordingly,

this writ petition is dismissed. No costs.

20.03.2023

NCC: Yes / No Index :Yes / No Speaking Order : Yes / No

mbi

https://www.mhc.tn.gov.in/judis WP(MD)No.9158/2014

B.PUGALENDHI, J.

mbi

To

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Tahsildar, Kalkulam Taluk, Thuckalay Post, Kanyakumari District.

WP(MD)No.9158/2014

20.03.2023

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