Madras High CourtWP(MD)/17669/2018disposed of

S.Chella Pandian v. The District Collector,

2025-04-15Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI WP(MD)No.17669 of 2018 and W.M.P.(MD)No.15551 of 2018 V.Nagendran ... Petitioner Vs.

1. The District Collector Collectorate Office,

2. The Tahsildar Madurai North Taluk,

3. V.Shanmugam (R3 impleaded vide court order dated 15.04.2025 in WMP(MD)No.21049 of 2018) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to dispose the petitioner's subdivision and patta transfer online application No.2018/0105/24/066154 dated 26.06.2018 related to the Patta No.177 in Survey No.83/2 Patta No.244 in Survey No.53/2B situated at Vilangudi IInd Bit, Madurai North Taluk , Madurai, within a time frame fixed by this Court. 1/5

For Petitioner : Mr.M.Venkatesan For Respondents : Mrs.K.Malathi Additional Government Pleader for R1&2 : Mr.R.Anand for R3

ORDER

The petitioner seeks issuance of writ of mandamus, to dispose the petitioner's subdivision and patta transfer.

2. I have heard the learned counsel on either side.

3. According to the petitioner, the petitioner has become entitled to the subject survey numbers, under a Will, which is contested by the private respondents. Though the petitioner succeeded in the first round of litigation in the suit in O.S.No.116 of 2006, first appeal is pending at the instance of the private respondent in A.S.Nos.145 of 2018 and 101 of 2019 before the learned Subordinate Judge, Madurai. The subject matter of dispute in the said appeals is also substantially and directly the same involved in the present writ petition.

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4. Considering the pendency of the said appeals before the Subordinate Judge, Madurai, this Writ Petition is disposed of directing the Subordinate Judge, Madurai, to hear the first appeals, in A.S.Nos.145 of 2018 and 101 of 2019, expeditiously and dispose of the same in accordance with law and on merits within a period of three months from the date of receipt of a copy of this order. Subject to the final outcome of the said first appeals, the petitioner's online application dated 26.06.2018, shall be accordingly disposed of thereafter within a period of four weeks. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No NCC : Yes / No 15.04.2025 LS To

1. The District Collector Collectorate Office, 3/5

2. The Tahsildar Madurai North Taluk, Copy to The Subordinate Judge, Madurai 4/5

P.B. BALAJI , J.

LS Order made in Dated:

15.04.2025 5/5