Madras High Court
K.Saburpathubeevi vs The Commissioner Of Land ... on 4 June, 2025
W.P(MD)No.15090 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
Writ Petition(MD)No.15090 of 2025
1.K.Saburpathubeevi
2.Sabithe Beevi
3.Kajakamaludeen
4.Bharithullakhan
5.Syed Ibrahim ..Petitioners
Vs
1.The Commissioner of Land Administration,
Chepauk,
Chennai.
2.The District Collector,
Ramanathapuram District,
Ramanathapuram.
3.The Revenue Divisional Officer,
Ramanathapuram.
4.The Tahsildar,
Keelakarai Taluk,
Ramanathapuram District. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus to direct the respondents to
issue Patta in the petitioners' name for their respective properties in S.No.
71/1 of Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram
District, pursuant to the decree and judgment dated 09.12.2014 in A.S.No.
25 of 2012 on the file of the Subordinate Judge, Ramanathapuram on the
basis of the representation dated 10.11.2023.
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W.P(MD)No.15090 of 2025
For Petitioners : Mr.P.Vadivel
For Respondents : Mr.A.Baskaran
Addl. Govt. Pleader
ORDER
This writ petition is filed seeking a direction to the respondents to
issue patta in the petitioners' name for their respective properties comprised
in S.No.71/1 situated at Periyapattinam Village, Keelakkarai Taluk,
Ramanathapuram District, based on the decree and judgment dated
09.12.2014 in A.S.No.25 of 2012 on the file of the Subordinate Judge,
Ramanathapuram, by considering their representation dated 10.11.2023.
2. Heard the arguments of Mr.P.Vadivel, learned counsel appearing for
the petitioners and Mr.A.Baskaran, learned Additional Government Pleader,
who took notice for the respondents. By consent of both sides, this writ
petition is taken up for final disposal at the admission stage itself.
3. According to the petitioners, the above mentioned properties belong
to them. However, the same was wrongly classified as 'Road' by the
respondents. Therefore, the petitioners filed a civil suit in O.S.No.164 of
2004 on the file of the District Munsif Court, Ramanathapuram seeking
declaration of title and permanent injunction. The said suit was dismissed
by the trial Court. Aggrieved by the same, the petitioners preferred the first
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appeal in A.S.No.25 of 2012 on the file of the Subordinate Court,
Ramanathapuram. The first appellate Court reversed the finding of the trial
Court and granted the decree of title and permanent injunction in respect of
the above mentioned properties. Based on the finding of the civil court,
thereafter, the petitioners submitted a representation on 10.11.2023 seeking
issuance of patta in their name based on the civil Court decree. The said
representation has not been considered so far. Hence, they come forward
before this Court.
4. Mr.A.Baskaran, learned Additional Government Pleader, who took
notice for the respondents, would submit that the representation of the
petitioner would be considered on merits within the time stipulated by this
Court.
5. In view of the submission made by the learned Additional
Government Pleader appearing for the respondents, without going into the
merits of the matter, the first respondent is directed to consider the
representation of the petitioner dated 10.11.2023 in the light of the
judgment and decree passed in A.S.No.25 of 2012 by the Subordinate
Judge, Ramanathapuram, and pass final orders within a period of sixteen
weeks from the date of receipt of a copy of this order.
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6. With the above direction, this writ petition stands disposed of. No
costs.
04.06.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
skn
1.The Commissioner of Land Administration,
Chepauk,
Chennai.
2.The District Collector,
Ramanathapuram District,
Ramanathapuram.
3.The Revenue Divisional Officer,
Ramanathapuram.
4.The Tahsildar,
Keelakarai Taluk,
Ramanathapuram District.
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S.SOUNTHAR, J.
skn
Writ Petition(MD)No.15090 of 2025
04.06.2025
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