Madras High Court
Sagunthala vs The District Collector on 27 February, 2025
W.P.(MD) No.16817 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.(MD) No.16817 of 2023
Sagunthala ... Petitioner
vs.
1.The District Collector,
Karur District, Karur.
2.The Revenue Divisional Officer,
Kulithalai,
Karur District.
3.The Tahsildar,
Kadavur Taluk,
Karur District.
4.The Taluk Surveyor,
Kadavur Taluk,
Karur District.
5.The Superintendent of Police,
Karur District, Karur.
6.The Inspector of Police,
Palaviduthi Police Station,
Palaviduthi,
Karur District.
1/6
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W.P.(MD) No.16817 of 2023
7.Ponnusamy
8.Rajavel
9.Krishnan
10.Selvaraj
11.Kumar
12.Rajesh
13.Devaraj
14.Palanisamy ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the respondents 1 to 4 herein to survey
and to give separate patta in respect of the petitioner's land comprised in 3 acres
of punja land situated in Ayan Punja S.No.1653 at The.Idaiyapatti Keelpagam
Village, Kadavur Taluk, Karur District with the assistance of the respondents 5
and 6 and given adequate protection for measuring the same on the basis of the
petitioner's representation dated 12.04.2023.
For Petitioner : Mr.P.Saravanakumar
For Respondents : Mrs.S.Jeyapriya
Government Advocate for R1 to R6
No Appearance for R7, R8 & R12
Mr.S.Ramesh for R9 to R11, R13 & R14
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W.P.(MD) No.16817 of 2023
ORDER
With the consent of the learned counsel on either side, the Writ Petition is
taken up for final disposal.
2.The petitioner seeks issuance of a Writ of Mandamus to direct the
respondents 1 to 4 to conduct survey and issue separate patta to the petitioner's
lands comprised in Ayan Punja S.No.1653 at The.Idaiyapatti Keelpagam Village,
Kadavur Taluk, Karur District.
3.The petitioner has given a representation to the official respondents on
12.04.2023 with regard to the said survey to be conducted. The petitioner further
claims that in a suit in O.S.No.98 of 2021, by Judgment and Decree dated
02.12.2021, the learned District Munsif, Kulithalai, has granted decree in favour
of the petitioner and therefore, the petitioner has right to seek survey and also
issuance of separate patta.
4.However, the learned counsel appearing for the contesting respondents 9
to 11, 13 and 14 would submit that there is yet another suit filed by the
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petitioner's father in O.S.No.323 of 1991 on the file of the District Munsif,
Kulithalai, which came to be decreed, as against which, A.S.No.128 of 1998 was
filed by the private respondents, which also came to be dismissed and aggrieved
by the same, the private respondents have preferred a second appeal in
S.A(MD)No.1170 of 2009. The said second appeal has been taken on file as early
as on 25.12.2009 and admittedly, the said second appeal is also pending.
5.It is also brought to my notice that at the time of admitting the second
appeal, an interim order was granted in favour of the private respondents herein to
stay the relief of recovery of possession. In other words, it is now an admitted
position that the private respondents are in physical possession of the subject
lands. While being so the petitioner cannot claim under decree, which is passed
against her father alone and none of the private respondents have been arrayed as
defendants and claim for survey and consequently, patta being issued.
Necessarily, the parties have to await the final outcome of the second appeal in
S.A(MD)No.1170 of 2009. If at all, the petitioner seeks any urgent interim orders
by way of survey, etc., it shall always be open to the petitioner to move this Court
in the pending second appeal in S.A(MD)No.1179 of 2009 and cannot
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independently claim survey and issuance of patta. Further, it is also broguht to my
notice that the petitioner has not even disclosed the factum of the pendency of the
second appeal in S.A(MD)No.1170 of 2009 while making the application for
survey and also patta.
6.Considering above, the petitioner is not entitled to any positive directions
in the present writ petition. However, giving liberty to the petitioner to move
interlogutory application in the pending S.A(MD)No.1170 of 2009 seeking
suitable orders.
7.Accordingly, this Writ Petition is closed. No costs.
27.02.2025
sji
NCC: Yes/No
Index : Yes / No
Internet : Yes / No
To
1.The District Collector,
Karur District, Karur.
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P.B.BALAJI, J.
sji
2.The Revenue Divisional Officer,
Kulithalai,
Karur District.
3.The Tahsildar,
Kadavur Taluk,
Karur District.
4.The Taluk Surveyor,
Kadavur Taluk,
Karur District.
5.The Superintendent of Police,
Karur District, Karur.
6.The Inspector of Police,
Palaviduthi Police Station,
Palaviduthi,
Karur District.
27.02.2025
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