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Madras High CourtWP/32177/2015disposed of

A.Kamalammal v. The Secretary

2023-06-12Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.32177 of 2015 and M.P.No.1 of 2015 and W.M.P.No.32177 of 2015 A.Kamalammal ... Petitioner Vs 1.The Secretary, Government of Tamil Nadu, Department of Revenue, Fort St. George, Chennai - 9.

2.The District Collector, Vellore-District, Vellore.

3.The Revenue Divisional Officer, Tirupattur, Vellore District.

4.The Tahsildar, Naatrampalli Taluk Office, Naatrampalli Taluk, Vellore District.

5.H.Gopinath ... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the 4th respondent from issuing patta and including name of the 5th respondent in the revenue records of the schedule mentioned property pending O.S.No.45/2015 on the file of Sub Court, Tirupattur and without conducting proper enquiry after serving notice to the petitioner.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.N.Naveenkumar Government Advocate for R1 to R4 : Mr.Samadha Raarasu for R5

O R D E R

The relief sought for in the present writ petition is to forbear the 4th respondent from issuing patta and including the name of the 5th respondent in the revenue records of the schedule mentioned property pending O.S.No.45/2015 on the file of Sub Court, Tirupattur and without conducting proper enquiry after serving notice to the petitioner.

2. The learned counsel for the petitioner made a submission that the suit instituted in O.S.No.45 of 2015 on the file of the Sub Court, Tirupattur has been decreed on 03.03.2023.

3. In view of the fact that the Civil Court decree is in favour of the 2/4

petitioner, she is at liberty to approach the revenue authorities for grant of patta or cancellation of patta or otherwise. In the event of submitting any application, the authorities competent are bound to initiate appropriate action under the provisions of the Patta Passbook Act. Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 12.06.2023 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The Secretary, Government of Tamil Nadu, Department of Revenue, Fort St. George, Chennai - 9.

2.The District Collector, Vellore-District, Vellore.

3.The Revenue Divisional Officer, Tirupattur, Vellore District.

4.The Tahsildar, Naatrampalli Taluk Office, Naatrampalli Taluk, Vellore District.

S.M.SUBRAMANIAM, J.

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