Angammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.24332 of 2024 1.Angammal 2.A.Senthil Kumar 3.A.Velusamy ..

Petitioners

Versus

1.The District Collector Collectorate, Villupuram District 2.The Tahsildar Taluk Office, Gingee 3.The Sub-Registrar Anniyur Post, Villupuram Taluk 4.Praveen Kumar .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to issue patta in favour of the petitioners for the property situated in Gingee Taluk, Mazhavananthangal Village, Dry S.No.263/1, Ac 1.21 cents pursuant to the judgment and decree made in S.A.No.1073 of 2008 as per proviso to Section 14 of the Tamil Nadu Patta Pass Book Act. For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.P.Sathish for R1 to R3 Additional Government Pleader 1/4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. Since, no adverse order is passed against the private respondent, notice to the private respondent is dispensed with.

2. This Writ Petition is filed to direct the respondents 1 and 2 to issue patta in favour of the petitioners for the property situated in Gingee Taluk, Mazhavananthangal Village, Dry S.No.263/1, Ac 1.21 cents pursuant to the judgment and decree made in S.A.No.1073 of 2008 as per proviso to Section 14 of the Tamil Nadu Patta Pass Book Act.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

4. It is the case of the writ petitioners that they have obtained a decree and judgment for declaration which has reached finality in S.A.No.1073 of 2008 on the file of this Court. Therefore, the petitioners applied for grant of patta, however, the same is not considered till date. Hence, this writ petition. 2/4

5. Such view of the matter, this Court is of the view that the official respondents shall consider the case of the petitioners on the basis of Civil Court judgment granted in favour of the petitioner and issue a patta.

6. Such view of the matter, there shall be a direction to the respondents 1 and 2 to dispose of the representation of petitioners dated 07.05.2024 after giving opportunity to the fourth respondent and pass appropriate orders on merits and in accordance with law taking into consideration of the Civil Court judgment. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.08.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/4

N. SATHISH KUMAR , J.

dhk To, 1.The District Collector Collectorate, Villupuram District 2.The Tahsildar Taluk Office, Gingee 3.The Sub-Registrar Anniyur Post, Villupuram Taluk W.P.No.22337 of 2024 02.08.2024 (1/2) 4/4