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Madras High CourtWP(MD)/21621/2015dismissed

Tamilarasi v. The Revenue Divisional Officer

2015-12-03Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.21621 of 2015 Tamilarasi ... Petitioner Vs.

1. The Revenue Divisional Officer, Devakkottai, Sivagangai District.

2. The Thasildhar, Karaikudi Taluk Office, Karaikudi, Devakkottai, Sivagangai District.

3. Singarathammal ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus to direct the respondent to consider petitioner's representation dated 08.01.2013 and to include her name in the patta relating to the properties described in the said representation. For Petitioner : Mr.P.Sesubalan Raja For Respondents : Mr.S.Kumar Additional Government Pleader for R.1 and R.2

ORDER

Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents 1and 2.

2. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. This writ petition has been filed seeking for a direction to the first respondent to consider the representation of the petitioner dated 08.01.2013, wherein and whereby she seeks for inclusion of her name in the patta jointly with the third respondent in respect of the properties referred to in the representation.

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4. Admittedly a suit filed by the petitioner in O.S.No.31 of 2008, on the file of the Subordinate Court, Devakottai seeking for partition filed against the third respondent herein and others is pending and therefore during the pendency of the suit, the petitioner is not entitled to seek for joint patta and for such purpose, she cannot approach this Court and seek for an order for disposal of her representation seeking for such joint patta. Therefore, this Court is of the view that the present relief sought for by the petitioner is highly premature as it is for her to work out her remedy before the Revenue Authority after the disposal of the suit in O.S.No.31 of 2008. Thus this Writ Petition is dismissed as not maintainable at present. No costs. Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Devakkottai, Sivagangai District.

2. The Thasildhar, Karaikudi Taluk Office, Karaikudi, Devakkottai, Sivagangai District.

+ 1 CC TO MR.P.SESUBALAN RAJA, ADVOCATE IN SR NO. 69105 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 69405 SSL TE/PM/ 10/12/2015 : 2P/5C W.P.(MD)No.21621 of 2015 03.12.2015 https://hcservices.ecourts.gov.in/hcservices/