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Madras High CourtWP(MD)/1401/2023allowed

Jarina .K.S v. The District Collector

2023-02-14Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.1296 of 2023 K.S.Jarina ... Petitioner Vs 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Office of the District Collectorate Campus, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional office, Ilayangudi, Sivagangai District.

4.The Tahsildar, Office of the Tahsildar, Ilayangudi, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the fourth respondent to mutate the patta in favour of the petitioner name by strictly in compliance with order 1/4

passed by this Court in W.P(MD)No. 9335 of 2013 vide order dated 03.08.2022 and by considering the petitioner's representation dated 24.12.2022 within the period that may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner had earlier filed W.P(MD)No.9335 of 2013. It was allowed on 03.08.2022. All that the petitioner wants is implementation of the said order and issuance of patta in her favour. 3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the earlier order dated 03.08.2022 is going to be challenged. The time for filing writ appeal is thirty days. The order was passed six months back. The petitioner cannot be expected to wait indefinitely. The fourth respondent is directed to mutate the patta in favour of the petitioner by implementing the earlier order of this Court made in W.P(MD)No.9335 of 2013 within a period of ten weeks from the date of receipt of a copy of this order. If the respondents obtain any interim order in the meanwhile, this order of course will have to abide by the outcome of the writ appeal. 2/4

4.This writ petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 14.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Office of the District Collectorate Campus, Sivagangai, Sivagangai District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional office, Ilayangudi, Sivagangai District.

4.The Tahsildar, Office of the Tahsildar, Ilayangudi, Sivagangai District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.1296 of 2023 14.02.2023 4/4