E.Gokilavarthini vs The District Collector
2023 Latest Caselaw 13668 Mad

                                                                             W.P.(MD)No.19667 of 2020

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 09.10.2023

                                                      CORAM

                          THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                              W.P.(MD)No.19667 of 2020

                  E.Gokilavarthini                                                .. Petitioner

                                                        Versus

                  1.The District Collector,
                    Theni, Theni District.

                  2.The District Revenue Officer,
                    Theni, Theni District.

                  3.The Assistant Director of Survey,
                    Theni, Theni District.

                  4.The Tahsildar,
                    Theni Taluk Office, Theni, Theni District.

                  5.The Municipality Town Surveyor,
                    Theni Town Municipality, Theni District.                      .. Respondents

                  Prayer:- Writ Petition filed under Article 226 of the Constitution of India
                  praying to issue a Writ of Mandamus, directing the respondents 3 to 5 to
                  consider petitioner's representation, dated 15.10.2020, and consequently,
                  directing the respondents to sub divide and issue separate Patta to the
                  petitioner property, situated in Survey No.191 in T.S.Nos.5/2, 4/1, 2 and 2/3 at
                  Theni Town Municipality limit, within a stipulated time fixed by this Court.



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                                                                               W.P.(MD)No.19667 of 2020

                            For Petitioner          :     Mr.R.Selvaraj
                            For Respondents         :     Ms.D.Farjana Ghoushia
                                                          Special Government Pleader

                                                        ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus,

directing the respondents 3 to 5 to consider the representation made by the

petitioner on 15.10.2020 and to sub-divide the subject property and issue

separate Patta in favour of the petitioner in respect of the subject properties.

2. When the matter was taken up for hearing today, the learned Special

Government Pleader produced the judgment of the Civil Court in O.S.No.50 of

2022, passed by the learned District Munsif, Theni, dated 24.07.2023. It is

seen from this judgment that one S.Vidya had instituted the suit and the

petitioner is the fourth defendant in the suit. The suit was decreed in the

following terms:-

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W.P.(MD)No.19667 of 2020

3. In view of the above, the petitioner has to necessarily work out her

remedy by filing an appeal against the above judgment and decree and the

relief sought for in this Writ Petition cannot be granted by this Court.

Accordingly, this Writ Petition stands dismissed. No costs.

                  NCC             : Yes/No                                  09.10.2023
                  Index           : Yes/No
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                  To

                  1.The District Collector,
                    Theni, Theni District.

2.The District Revenue Officer, Theni, Theni District.

3.The Assistant Director of Survey, Theni, Theni District.

4.The Tahsildar, Theni Taluk Office, Theni, Theni District.

5.The Municipality Town Surveyor, Theni Town Municipality, Theni District.

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

W.P.(MD)No.19667 of 2020

N.ANAND VENKATESH, J.

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W.P.(MD) No.19667 of 2020

09.10.2023

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