Madras High CourtWP(MD)/3173/2018disposed of

K.Mariammal v. The District Collector

2018-02-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.3173 of 2018 K.Mariammal ...

Petitioner Vs.

1.The District Collector, Collectorate, Tuticorin, Tuticorin District.

2.The District Adi Dravidar and Schedule Tribe Welfare Officer, Office of the District Adi Dravidar and Schedule Tribe Welfare Officer, Tuticorin.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruchendur.

4.The Tahsildar, Tiruchendur Taluk, Tuticorin District.

5.The Special Officer, Adi Dravidar Welfare, Tiruchendur Taluk, Tuticorin District.

6.Thangam ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to grant patta to the petitioner in respect of the property in Door No.2 Ward No.6 at Kuranganthattu Nallur Village Kurumbur Sub-Registration Office Palayamkottai Registration District Tiruchendur Taluk Tuticorin District in the light of the Judgment and decree made in OS.No.90 of 2012 on the file of the District Munsif Court Tirchendur and by considering the representations dated 21.6.2017 and 30.10.2017 of the petitioner. For Petitioner : Mr.S.Siva Thilakar For Respondents 1-5 : Mrs.J.Padmavathidevi, Special Government Pleader.

ORDER

This writ petition has been filed seeking direction to the respondents to grant patta to the petitioner in respect of the property in Door No.2, Ward No.6, at Kuranganthattu, Nallur Village, Kurumbur Sub-Registration Office, Palayamkottai Registration https://hcservices.ecourts.gov.in/hcservices/

District, Tiruchendur Taluk, Tuticorin District in the light of the judgment and decree made in O.S.No.90 of 2012 on the file of the District Munsif Court Tirchendur and by considering the representations of the petitioner, dated 21.6.2017 and 30.10.2017. 2.According to the petitioner, she is the owner of the above mentioned property and she filed a suit in O.S.No.90 of 2012 against the sixth respondent and other respondents for a declaration and permanent injunction on the file of the District Munsif Court, Tiruchendur. The said suit has been decreed in favour of the petitioner as early as on 28.03.2017. As against the said decree, so far no appeal has been filed and the same has become final. Hence, the petitioner has submitted representations dated 21.06.2017 and 30.10.2017 before the Tahsildar, the fourth respondent herein to issue patta in her favour. Since no order has been passed, the present writ petition has been filed.

3.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the fourth respondent to consider the representation of the petitioner dated 30.10.2017 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the sixth respondent.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate, Tuticorin, Tuticorin District. 2.The District Adi Dravidar and Schedule Tribe Welfare Officer, Office of the District Adi Dravidar and Schedule Tribe Welfare Officer, Tuticorin.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tiruchendur. 4.The Tahsildar, Tiruchendur Taluk, Tuticorin District. 5.The Special Officer, Adi Dravidar Welfare, Tiruchendur Taluk, Tuticorin District.

+One cc to Mr.S.Siva Thilakar, Advocate, SR.No.49217 sms RL/7C/2P/KK/SAR1/1/3/2018 Writ Petition (MD) No.3173 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 16.02.2018