Madras High CourtWP(MD)/7871/2023allowed

Allaudeen .T v. The District Collector

2024-03-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.7291 & 7292 of 2023 T.Allaudeen ... Petitioner Vs.

1.The District Collector, District Collector's Office, Trichy-1, Trichy District.

2.The Tahsildar, Taluk Office (West), Trichy-1, Trichy District.

3.The Revenue Divisional Officer, R.D.O.Office, District Collector's Office, Trichy-1, Trichy District.

4.Maliga Begam 5.A.S.Kalifullah ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to 3rd respondent proceedings made in Na.Ka.No. A7/0608/2022, dated on 06.02.2023, and quash the same.

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For Petitioners : Mr.R.Sundar For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R3 : Mr.M.Saravanan for R4 & R5

ORDER

Heard learned counsel on either side.

2. The petitioner is the co-sharer of the petition mentioned property. R4 & R5 and others filed O.S.No.406 of 2011 on the file of the Principal Sub Court, Trichirappalli. The preliminary decree has been passed. It was confirmed vide decree dated 07.11.2022 in S.A (MD)No.580 of 2021. Therefore, the question of issuing any separate patta does not arise at all. The impugned order is set aside. The second respondent is directed to issue joint patta as per the preliminary decree passed in O.S.No.406 of 2011 in favour of all the co-sharers. This shall be done immediately and without any delay by the second respondent.

3. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 13.03.2024 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector, District Collector's Office, Trichy-1, Trichy District.

2.The Tahsildar, Taluk Office (West), Trichy-1, Trichy District.

3.The Revenue Divisional Officer, R.D.O.Office, District Collector's Office, Trichy-1, Trichy District.

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G.R.SWAMINATHAN, J.

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