← Library
Madras High CourtWP(MD)/7341/2023disposed of

Rajammal P v. The District Collector

2023-04-03Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.7341 of 2023 P.Rajammal ... Petitioner Vs

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Kulathur Taluk, Pudukkottai, Pudukkottai District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to issue sub-divisional patta in Application No. 2022/0105/22/167648 dated 23.09.2022 and on the basis of the petitioner online application dated 23.09.2022 within time stipulated as fixed by this Court.

1/5

For Petitioner :Mr.G.Mathavan For Respondents :Mr.N.Muthu Vijayan Special Government Pleader

ORDER

The writ petition has been filed in the nature of mandamus, seeking a direction against the second respondent/Tahsildar, Kulathur Taluk, Pudukkottai, Pudukkottai District to issue sub-divisional patta, consequent to application No.2022/0105/22/167648, dated 23.09.2022. The petitioner had also filed an online application on 23.09.2022. 2.The petitioner is the beneficiary of a settlement deed, which was executed on 20.05.1968 by Arumugam, in his favour, in favour of his sister Kamatchi and his mother Backiammal, in respect of the lands in old S.No.318/2A2, 318/2B, 323/4A3, 318/2B-1/3 and in new S.No.318/5A. Now, one Periyasamy and others are said to have attempted to disturb their possession. Therefore, a suit in O.S.No.211 of 2000 seeking declaration and permanent injunction has been filed.

2/5

3.The matter went upto the second appeal and the petitioner succeeded. The petitioner had also filed E.P.No.2 of 2018 and had taken possession of the properties. There has been finality of litigation. Now, the petitioner has applied for sub-division of patta. 4.A direction is given to the second respondent to issue notice to the petitioner, examine the records, thereafter, pass necessary orders. The said exercise should be completed within a period of six weeks, from the date of receipt of a copy of this order.

5.With the above directions, this Writ Petition stands disposed of. No costs.

03.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM 3/5

To

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Kulathur Taluk, Pudukkottai, Pudukkottai District.

4/5

C.V.KARTHIKEYAN,J.

PNM ORDER IN W.P(MD).No.7341 of 2023 03.04.2023 5/5