M.Thilagavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Thilagavathi

...Petitioner

Vs 1.The District Collector, O/o. District Collector, Ariyalur District.

2.The Thasildhar, O/o. Ariyalur Thasildhar Office, Ariyalur District.

3.The Revenue Inspector, O/o. Aiyansuthamali Revenue Inspector, Aiyansuthamali, Ariyalur District.

4.The Village Administrative Officer, O/o. Aiyansuthamali Village Administrative, Aiyansuthamali, Ariyalur District.

5.Subramani M 6.Annadurai M

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 3 and 4 to consider and issue a prior notice to any entries made in the property bearing S.No.352/2, Patta No.2563 situated at Aiyansuthamali Village, Kilapalur, Ariyalur Taluk & District in pursuant to the petitioner's representation dated 20.10.2022.

For Petitioner : Mr.P.Muthamizh Selvakumar For R1 to R4 : Mr.P.Sathish, Additional Government Pleader

ORDER

Heard Mr.P.Muthamizh Selvakumar, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for the respondents 1 to 4.

2. Since this Court is dismissing the Writ Petition, no prejudice would be caused to the respondents 5 and 6 and hence, notice to the said respondents is hereby dispensed with.

3. The prayer in the present Writ Petition is for a direction to the official respondents to issue prior notice, when any entires are made in 2/6

the patta pass book pertaining to the property bearing S.No.352/2, Patta No.2563 situated at Aiyansuthamali Village, Kilapalur, Ariyalur Taluk & District.

4. Admittedly, the patta stands in the name of the respondents 5 and 6 and the petitioner herein does not claim title or right in any manner over the subject property. The only grievance of the petitioner seems to be that she had filed a suit in O.S.No.42 of 2019, seeking for recovery of money.

5. The decree obtained in the suit will have no nexus to the title over the subject property and the petitioner cannot derive any right over the said property. It is needless to point out that in case the defendants in the the suit defaults payment, as ordered in the decree, the remedy available to the petitioner for interference of the decree is spelt out under law. As such, the present prayer, seeking for a direction to the respondents to inform the petitioner about any encumbrance or entries made in the patta pass book over the subject property, cannot be sustained.

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6. Thus, this Court is of the view that there are no merits in the present Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs.

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To 1.The District Collector, O/o. District Collector, Ariyalur District.

2.The Thasildhar, O/o. Ariyalur Thasildhar Office, Ariyalur District.

3.The Revenue Inspector, O/o. Aiyansuthamali Revenue Inspector, Aiyansuthamali, Ariyalur District.

4.The Village Administrative Officer, O/o. Aiyansuthamali Village Administrative, Aiyansuthamali, Ariyalur District.

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M.S.RAMESH,J.

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