K.Saburpathubeevi v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.15090 of 2025 1.K.Saburpathubeevi 2.Sabithe Beevi 3.Kajakamaludeen 4.Bharithullakhan 5.Syed Ibrahim ..Petitioners Vs 1.The Commissioner of Land Administration, Chepauk, Chennai.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer, Ramanathapuram.
4.The Tahsildar, Keelakarai Taluk, Ramanathapuram District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to issue Patta in the petitioners' name for their respective properties in S.No. 71/1 of Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District, pursuant to the decree and judgment dated 09.12.2014 in A.S.No. 25 of 2012 on the file of the Subordinate Judge, Ramanathapuram on the basis of the representation dated 10.11.2023. 1/5
For Petitioners : Mr.P.Vadivel For Respondents : Mr.A.Baskaran Addl. Govt. Pleader
ORDER
This writ petition is filed seeking a direction to the respondents to issue patta in the petitioners' name for their respective properties comprised in S.No.71/1 situated at Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District, based on the decree and judgment dated 09.12.2014 in A.S.No.25 of 2012 on the file of the Subordinate Judge, Ramanathapuram, by considering their representation dated 10.11.2023.
2. Heard the arguments of Mr.P.Vadivel, learned counsel appearing for the petitioners and Mr.A.Baskaran, learned Additional Government Pleader, who took notice for the respondents. By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. According to the petitioners, the above mentioned properties belong to them. However, the same was wrongly classified as 'Road' by the respondents. Therefore, the petitioners filed a civil suit in O.S.No.164 of 2004 on the file of the District Munsif Court, Ramanathapuram seeking declaration of title and permanent injunction. The said suit was dismissed by the trial Court. Aggrieved by the same, the petitioners preferred the first 2/5
appeal in A.S.No.25 of 2012 on the file of the Subordinate Court, Ramanathapuram. The first appellate Court reversed the finding of the trial Court and granted the decree of title and permanent injunction in respect of the above mentioned properties. Based on the finding of the civil court, thereafter, the petitioners submitted a representation on 10.11.2023 seeking issuance of patta in their name based on the civil Court decree. The said representation has not been considered so far. Hence, they come forward before this Court.
4. Mr.A.Baskaran, learned Additional Government Pleader, who took notice for the respondents, would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.
5. In view of the submission made by the learned Additional Government Pleader appearing for the respondents, without going into the merits of the matter, the first respondent is directed to consider the representation of the petitioner dated 10.11.2023 in the light of the judgment and decree passed in A.S.No.25 of 2012 by the Subordinate Judge, Ramanathapuram, and pass final orders within a period of sixteen weeks from the date of receipt of a copy of this order. 3/5
6. With the above direction, this writ petition stands disposed of. No costs.
04.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 1.The Commissioner of Land Administration, Chepauk, Chennai.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer, Ramanathapuram.
4.The Tahsildar, Keelakarai Taluk, Ramanathapuram District.
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S.SOUNTHAR, J.
skn Writ Petition(MD)No.15090 of 2025 04.06.2025 5/5