Alagarservai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.16584 of 2020 Alagarservai, ... Petitioner Vs
1. The District Collector, Office of the Collectorate Building, Sivagangai.
2. The District Revenue Officer, Office of the Collectorate Building,
3. The Revenue Divisional Offic, Er, Office of the Collectorate Building,
4. The Tahsildar, Thiruppuvanam Tahsildar Office,
5. The District Registrar, Office of the District Registrar,
6. Murugesan, S/o.Veeramakali, Thiruppachethy Village, Manamadurai Tk, Sivagangai Dist.
1/6
7. Senthil, S/o.Sithan, Thiruppachethy South, Vellikurichi Post, Thiruppuvanam Tk, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to dispose of the petitioner application dt.3.11.2020 seeking issuance of joint patta in respect of property in Survey No.Survey Nos.33/5B (0.13.5 Ares 33 cets, Nanjai Land), 100/5 (0.26.5 Ares 65 cents Punjai Land), 102/4 (0.47.5 Ares 1.17 Cents Punjai Land), 126/7 (0.36.5 Ares 90 Cents Punjai Land), 130/1 (0.28.00 Ares Punjai Land) 129/3 (0.7.75 Ares Punjai Land) situated at Thiruppachethy South Group, Thiruppuvanam, Manamadurai Taluk, Sivagangai Dsitrict after giving notice to all the parties concern.
For Petitioner : Mr.D.S.Haroon Rasheed, For Respondents : Mr.K.S.Selvaganesan for R1 to R5 Additional Government Pleader Mr.V.Murugesan for R7
O R D E R
This writ petition has been filed for a mandamus directing the respondents to dispose of the petitioner's application submitted by the petitioner dated 3.11.2020, wherein, the petitioner is seeking for issuance 2/6
of joint patta in his favour with respect to the subject properties situated at Thiruppachethy South Group, Thiruppuvanam, Manamadurai Taluk, Sivagangai District.
2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.
3.The grievance expressed by the petitioner is that there was a mistake committed during the UDR scheme and the same requires to be rectified and hence, a representation was given to the respondents seeking for joint patta.
4.The learned counsel appearing on behalf of the 7th respondent submitted that the petitioner along with one Packiyam had filed a suit for partition in OS No.4/2020 before the sub Court, Manamadurai and in the said suit, the petitioner had sought for 1/4th share in the suit property and the second plaintiff had sought for 1/5th share in the 1/4th share in the suit property and all the properties that have been mentioned in this writ petition have been shown as schedule properties in the suit. A copy of 3/6
the plaint was also furnished before this Court.
5. In the light of the above development, the revenue authorities cannot act upon the application submitted by the petitioner at this juncture and the petitioner will have to agitate his rights in the pending suit and depending upon the final result, the petitioner can approach the revenue authorities and seek for appropriate remedy. Except giving this clarity, no further orders can be passed in this writ petition. Accordingly, this writ petition stands disposed of. No costs. 06.10.2023 Index : Yes/No NCC : Yes/No RR 4/6
To
1. The District Collector, Office of the Collectorate Building, Sivagangai.
2. The District Revenue Officer, Office of the Collectorate Building,
3. The Revenue Divisional Offic, Er, Office of the Collectorate Building,
4. The Tahsildar, Thiruppuvanam Tahsildar Office,
5. The District Registrar, Office of the District Registrar, 5/6
N.ANAND VENKATESH, J.
RR WP. (MD)No.16584 of 2020 06.10.2023 6/6