K. Thangavel v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI K.Thangavel ... Petitioner Vs.

The Tahsildar Karur Taluk Office, Karur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent to issue the Joint Patta in respect of Survey Numbers 70/3A, 70/1, 70/2 Inam Achimanagalam Village, Karur Taluk and District based on the Civil Court Judgments. For Petitioner :

Mr.G.Rajaraman For Respondent :

Mr.M.Lingadurai Special Government Pleader

O R D E R

The petitioner seeks limited relief of issuance of writ of mandamus to direct the respondent to issue joint patta including the name of the petitioner. 1/4

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent.

3. The petitioner claims under decree of the competent Civil Court which came to be confirmed by this Court in second appeal proceedings in a suit for partition, entitling the petitioner to a share in the subject property. It is seen that S.A(MD)No.751 of 2007 confirming the decree for partition was disposed of on 28.03.2025 and even according to the learned counsel for the petitioner, what remains is only the execution proceedings to give effect to the final decree already passed which has become final.

4. In the light of the above, there can be no impediment for the respondent to issue joint patta based on the decree of the competent Civil Court, which has been confirmed by this Court as well in second appeal proceedings.

5. This writ petition is therefore allowed, directing the petitioner to produce all the relevant documents within a period of two (2) weeks from the date of receipt of copy of this order and thereafter, the respondent is directed to 2/4

pass orders on the petitioner's representation, dated 07.04.2025 within a period of six (6) weeks from the date of petitioner submitting the documents.

6. The learned counsel for the petitioner further submits that the survey numbers mentioned in the suit for partition are Survey Nos.70/3A, 70/1 and 70/2 and the petitioner is unaware of any new survey numbers assigned to the survey numbers. The said exercise of ascertaining any correlation shall be undertaken by the respondent before passing final orders.

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

22.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

The Tahsildar Karur Taluk Office, Karur District.

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P.B.BALAJI , J.

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