Jeyalakshmi v. The State Rep. By The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jeyalakshmi ... Petitioner Vs.

1.The State represented by The District Collector, Kanyakumari District, Nagercoil.

2.The District Revenue Officer, Kanyakumari District, Nagercoil.

3.The Revenue Divisional Officer, Kanyakumari District, Nagercoil.

4.The Tahsildar, Agasteeswaram Taluk, Kanyakumari District, Nagercoil.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5

respondents to issue patta for the property having an extent of 5 cents comprised in Re.S.No. 895/52, of Theroor Village, Kanyakumari District, on the basis of the decree in A.S.No. 52 of 2015 on the file of the Additional District Judge (Fast Track Court), Nagercoil, Kanyakumari District, dated 18.11.2022.

For Petitioner : Mr.M.Suri For Respondents : Mr.S.Kameshwaran Government Advocate

ORDER

Heard both sides.

2.The petitioner seeks issuance of patta for the petition mentioned land.

3.The learned counsel appearing for the petitioner draws my attention to the decree dated 18.11.2022 made in A.S.No.52 of 2015 on the file of Additional District Court (Fast Track Court), Nagercoil. The decree enclosed at page no.51 of the typed set of papers indicates that declaration has been granted in favour of the petitioner. The defendant in the suit is none other than the State of Tamil Nadu represented by the 2/5

District Collector, Kanyakumari. It is well settled that the revenue record has to be in consonance with the civil Court's decree. The decree further directs mutation of revenue record in favour of the petitioner. 4.Therefore, so long as the decree is holding good, the fourth respondent ought to act in terms thereof. The petitioner has already given a representation dated 27.04.2023. The fourth respondent is directed to act on the same, issue patta in favour of the petitioner in respect of the land covered by the decree. Of course, this direction will hold good if the decree has not been stayed or set aside. Such patta will be issued within a period of eight weeks from the date of receipt of a copy of this order.

5.This writ petition is allowed accordingly. There shall be no order as to costs.

14.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/5

To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The District Revenue Officer, Kanyakumari District, Nagercoil.

3.The Revenue Divisional Officer, Kanyakumari District, Nagercoil.

4.The Tahsildar, Agasteeswaram Taluk, Kanyakumari District, Nagercoil.

Copy to :

The Additional District Judge (Fast Track Court), Nagercoil, Kanyakumari District.

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G.R.SWAMINATHAN, J.

MGA 14.03.2024 5/5