Packiyalakshmi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5511 of 2019 Packiyalakshmi ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District.

3.Malai Ammal 4.Raja Sulochana 5.R.Ayyachamy 6.R.Chandrasekar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent herein to grant patta in favour of me in middle portion Survey Nos.103/7A and 103/7B to an extent of 63.8 cents siutated at Kusavankundu Village, Madurai South Taluk, Madurai District, as per the final decree passed by the learned II-Additional Sub Judge, Madurai in I.A.No.1108 of 2014 in O.S.No.184 of 2011 based on my representation dated 28.11.2018 within a stipulated time fixed by this Court For Petitioner : Mr.T.Veerakumar For R1 & R2 : Mr.R.Sethuraman Special Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first and second respondent.

2.Considering the nature of the relief to be granted in this writ petition, notices to R3 to R6 stand dispensed with. 3.All that the petitioner seeks issuance of patta in his favour in respect of the petition mentioned property as per the decree granted by the Civil Court. In this regard, the petitioner has given an application dated 28.11.2018.

https://hcservices.ecourts.gov.in/hcservices/ 4.The second respondent is directed to dispose of the same on

merits and in accordance with law within a period of five months from the date of receipt of a copy of this order. The second respondent shall put the contesting parties on notice before disposing of the petitioner's application. If the said decree has been stayed or set aside by the Appellate Court, then of-course, the application given by the petitioner will have to be closed. If the decree obtained by the petitioner in his favour is still holding, the second respondent will have to act in terms of the Civil Court decision. It is made clear that this Court has not pronounced anything on the merits of the matter.

5.With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District.

+1cc to Mr.T.VEERA KUMAR,Advocate, SR.No.52705 +1cc to M/s.Special Government Pleader,SR.No.52985 W.P.(MD)No.5511 of 2019 08.03.2019 RMI KK/SAR-/22.03.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/