Madras High CourtWP/29202/2014disposed of

M.Subramani Reddy v. The District Collector,

2016-01-25Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.1.2016 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P.No.29202 of 2014 M.Subramani Reddy ... Petitioner vs.

1.The District Collector, Collectorate, Sathuvachari, Vellore.

2. The Thasildhar, Arakkonam Taluk, Arakkonam Town and Post, Vellore District.

Ganesan (died) 3.Devaki w/o Late Ganesan

4. Deivayanai

5. Bhavunu 6.Dhanapakkiam Chinnakannu (died)

7. Krishnaveni w/o Late Chinnakannu (R3 to R7 impleaded as per order dated 06/01/15 in M.P.No.2/14 in W.P.No.29202/14)... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to consider the petitioners' representation dated 21.08.2014 and further direct the 2nd respondent to remove the name of petitioner's deceased brother namely Ganesan and one Krishnaveni, wife of petitioner's deceased brother Chinnakannu from joint patta No.552 in Karnavur Village Account, Arakkonam Taluk, Vellore District.

For Petitioner ..

Mr.A.Gouthaman For R1 & R2 ..

Mrs.P.Rajalakshmi For R3 to R7 ..

Mr.A.Saranraj

ORDER

The petitioner has come forward to file this writ petition seeking a direction to the second respondent to consider the representation dated 21.08.2014 for the purpose of removing the name of petitioner's deceased brother and his wife from the joint patta.

2. As rightly submitted by the learned counsel for the respondents, the prayer as sought for cannot be granted. Admittedly, the petitioner's son has filed a civil suit in O.S.No.82 of 2014 before the District Munsif Court, Sholinghur. Though this property is not included in the schedule, the case of the petitioner that there is oral sale in his favour is disputed by respondents 3 to 7 herein. Therefore, the only option open to the petitioner is to seek appropriate relief by amending the plaint in the pending civil suit though instituted by son. Law is quite settled. In the suit for partition, every defendant is a plaintiff. Even otherwise, it is well open to the petitioner to file a separate suit. Accordingly, writ petition is dismissed giving liberty to the petitioner to work out his remedy in the manner known to law. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar kua To

1. The District Collector, Collectorate, Sathuvachari,Vellore.

2. The Thasildhar, Arakkonam Taluk, Arakkonam Town and Post, Vellore District.

+1 cc to Mr.A.Gouthaman Advocate sr.4371 +1 cc to Mr.A.Saranraj Advocate sr.4657 W.P.No.29202 of 2014 ev(co) aa09/02/2016