Madras High CourtWP(MD)/19660/2016disposed of

E.Palaniammal v. The District Collector

2016-10-07Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.19660 of 2016 E.Palaniammal ... Petitioner Vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Tahsildar, Tahsildar Office, Pudukottai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent pertaining to this impugned proceedings in Na.Ma.No.29/2016/AA6 dated 15.07.2016 and to quash the same and consequently direct the 2nd Respondent to issue a Survey Sketch to the petitioner for the property in Survey No.339/10 in Reddyapatti Village, Vadavalam Post, Pudukottai District. For Petitioner : Mr.N.Kamesh For Respondents : Mr.J.Gunaseelan Muthiah Government Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. 2.By consent, the Writ Petition itself is taken up for final disposal.

3.The present Writ Petition has been filed by the petitioner seeking quash of the proceedings in Na.Ma.No.29/2016/AA6 dated 15.07.2016 and consequently direct the 2nd Respondent to issue a Survey Sketch to the petitioner for the property in Survey No.339/10 in Reddyapatti Village, Vadavalam Post, Pudukottai District.

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4.According to the petitioner, he purchased the property in the year 2004. Subsequently, he filed a suit for declaration in O.S.No.160 of 2014 on the file of the District Munsif, Pudukottai. In order to substantiate her claim she filed an application to issue copy of the FMB of the said property, the said request was rejected on the ground that patta is not standing in the name of the petitioner. Challenging the same, the petitioner has filed the present Writ Petition.

5.It seems petitioner only seeks copy of FMB for the property in Survey No.339/10 in Reddyapatti Village, Vadavalam Post, Pudukottai District. No prejudice will be caused to anybody on issuing copy of the FMB of the said survey number to the petitioner.

6. In the above circumstances, this Writ Petition is allowed and the impugned order dated 15.07.2016 is set aside. The second respondent is directed to furnish copy of FMB for the property in Survey No.339/10 in Reddyapatti Village, Vadavalam Post, Pudukottai District to the petitioner within six weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The District, Pudukottai District, Pudukottai. 2.The Tahsildar, Tahsildar Office, Pudukottai District. +1 CC to Mr.N.KAMESH, Advocate, SR No.60177 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.60596 W.P(MD)No.19660 of 2016 07.10.2016 sj SH/SKS-RR:15.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/