Suseelabai vs The District Collector
2024 Latest Caselaw 7366 Mad

Madras High Court

Suseelabai vs The District Collector on 1 April, 2024

Author: C.Saravanan

Bench: C.Saravanan

                                                                         W.P.(MD) No.24013 of 2017

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 01.04.2024

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE C.SARAVANAN

                                           W.P.(MD) No.24013 of 2017

                    Suseelabai                                                 ... Petitioner

                                                          Vs.

                    1.The District Collector,
                      Kanyakumari District.

                    2.The Tahsildar,
                      Kalkulam Taluk,
                      Kanyakumari District.

                    3.R.David                                                  ... Respondents

                    Prayer: Writ Petition filed under Article 226 of Constitution of India for
                    issuance of a Writ of Mandamus directing the second respondent to
                    consider the petitioner's representation dated 14.10.2017 filed in the form
                    of objection against granting of patta in favour of the third respondent in
                    Re.Sy.No.736/1, Lakshmipuram Village.

                                  For Petitioner       : Mr.A.Balakrishnan

                                  For R1 & R2          : Mr.S.P.Maharajan
                                                         Special Government Pleader

                                  For R3               : No appearance


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https://www.mhc.tn.gov.in/judis
                    Page No. 1 of 4
                                                                         W.P.(MD) No.24013 of 2017

                                                       ORDER

The petitioner has filed this Writ Petition for issuance of a Writ of

Mandamus directing the second respondent to consider the petitioner's

representation dated 14.10.2017 filed in the form of objection against the

granting of patta in favour of the third respondent in Re.Sy.No.736/1,

Lakshmipuram Village.

2. There are disputed questions of fact which cannot be determined

in this Writ Petition. It appears that the third respondent had already filed

a civil suit in O.S.No.10 of 2016 before the Principal District Munsif

Court, Eraniel for a permanent injunction against the petitioner. The said

suit is said to have been decreed on 16.03.2023 in favour of the third

respondent during the pendency of this Writ Petition.

3. Therefore, this Writ Petition filed for a Mandamus cannot be

entertained. In any event, it is for the petitioner to establish her rights

over the subject property by filing a suit for declaration. It is still open for

the petitioner to file an appeal against the Judgment and Decree passed by

the Principal District Munsif Court, Eraniel in O.S.No.10 of 2016 before

the Sub Court to canvass her right over the subject property in respect of

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

which a patta was allegedly given to the private respondent namely, the

third respondent herein.

4. With the above liberty, this Writ Petition stands dismissed. No

costs.

01.04.2024 Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order

JEN

Copy To:

1.The District Collector, Kanyakumari District.

2.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

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

C.SARAVANAN, J.

JEN

01.04.2024

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