Madras High CourtWA(MD)/1394/2016dismissed

Osmania v. The State Rep. By The District

2017-04-11Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Appeal (MD).No.1394 of 2016 Osmania ... Appellant/Petitioner Vs.

1.The State represented by The District Collector, Pudukottai.

2.The Tahsildar, Pudukottai.

3.C.Vijayaraj ... Respondents/Respondents Prayer : Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 22.09.2016 passed in W.P(MD)No.18088 of 2016 by this Court.

Prayer in WP(MD). 18088/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd Respondent to consider the representation of the petitioner dated 1.4.2013 and issue patta in respect of the property comprised in S.F.No. 250/21 0.11.5 hec. at Pudukottai South Village.

For Appellant :Mr.V.Singan For R-1 and R-2 :Mr.R.Anandharaj, Government Advocate For R-3 :Mr.G.Mathavan

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard the learned counsel appearing for the appellant, the learned Government Advocate appearing for respondent Nos.1 and 2 and the learned counsel appearing for the third respondent. https://hcservices.ecourts.gov.in/hcservices/

2. This appeal is directed against the order dated 22.09.2016 in W.P.(MD).No.18088 of 2016 filed by the appellant. The prayer sought for by the appellant/petitioner to consider the representation, dated 01.04.2013 for issuance of patta was rejected taking note of the fact that there is a dispute regarding title to the property. Therefore, this Court directed the appellant/petitioner to approach the civil Court and dismissed the writ petition holding that since there is a dispute regarding title to the property, there will be no purpose in directing the Tahsildar to conduct enquiry and pass orders.

3. In view of the above, the order passed by the learned single Judge is perfectly correct and valid and there is no ground to interfere with the same. Accordingly, the writ appeal stands dismissed. No costs.

Sd/- Assistant Registrar(cs-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukottai.

2.The Tahsildar, Pudukottai.

+1 CC TO MR.G.MATHAVAN,ADVOCATE,SR NO.51648 +1 CC TO SPECIAL GOVERNMENT PLEADER ,SR NO.51739 pm MAS/SV-MMS:25.04.2017:2P-5C Writ Appeal (MD).No.1394 of 2016 11.04.2017 https://hcservices.ecourts.gov.in/hcservices/