Madras High CourtWP(MD)/19667/2020dismissed

Gokilavarthini.E v. The District Collector

2023-10-09Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH E.Gokilavarthini .. Petitioner

Versus

1.The District Collector, Theni, Theni District.

2.The District Revenue Officer, Theni, Theni District.

3.The Assistant Director of Survey, Theni, Theni District.

4.The Tahsildar, Theni Taluk Office, Theni, Theni District.

5.The Municipality Town Surveyor, Theni Town Municipality, Theni District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 to 5 to consider petitioner's representation, dated 15.10.2020, and consequently, directing the respondents to sub divide and issue separate Patta to the petitioner property, situated in Survey No.191 in T.S.Nos.5/2, 4/1, 2 and 2/3 at Theni Town Municipality limit, within a stipulated time fixed by this Court. 1/4

For Petitioner :

Mr.R.Selvaraj For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 3 to 5 to consider the representation made by the petitioner on 15.10.2020 and to sub-divide the subject property and issue separate Patta in favour of the petitioner in respect of the subject properties.

2. When the matter was taken up for hearing today, the learned Special Government Pleader produced the judgment of the Civil Court in O.S.No.50 of 2022, passed by the learned District Munsif, Theni, dated 24.07.2023. It is seen from this judgment that one S.Vidya had instituted the suit and the petitioner is the fourth defendant in the suit. The suit was decreed in the following terms:- 2/4

3. In view of the above, the petitioner has to necessarily work out her remedy by filing an appeal against the above judgment and decree and the relief sought for in this Writ Petition cannot be granted by this Court. Accordingly, this Writ Petition stands dismissed. No costs. NCC : Yes/No 09.10.2023 Index : Yes/No smn2 To 1.The District Collector, Theni, Theni District.

2.The District Revenue Officer, Theni, Theni District.

3.The Assistant Director of Survey, Theni, Theni District.

4.The Tahsildar, Theni Taluk Office, Theni, Theni District.

5.The Municipality Town Surveyor, Theni Town Municipality, Theni District.

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N.ANAND VENKATESH, J.

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