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Madras High CourtWP(MD)/9453/2016disposed of

Rajeswari, v. The District Collector,

2019-07-24Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.9453 of 2016 and W.M.P.(MD) Nos.7507 of 2016 and 1075 of 2018 1.Rajeswari 2.Balaguru 3.Minor Satheeswari rep. by her mother and natural guardian, the 1st petitioner ... Petitioners -Vs1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

3.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

4.The Tahsildar, Ramanathapuram Ramanathapuram District.

5.The Zonal Deputy Tahsildar, Ramanathapuram, Ramanathapuram District.

6.Saroja 7.Nagarethinam 8.T.Manoharan 9.S.Ramanathan 10.Muthukumar

11. The Joint Sub Registrar No.II, Ramanathapuram, Ramanathapuram District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 5th respondent in R.T.R.No.F15/1256, dated 23.06.2015, quash the same and direct

the 5th respondent to restore the patta in respect of S.No.302/1A of Azhagankulam Village, Ramanathapuram Taluk, Ramanathapuram District. For Petitioners : Mr.M.Saravanan For Respondents : Mr.C.M.Mari Chelliah Prabhu, AGP for RR1 to 5 and 11 Mr.S.M.A.Jinnah, for R9 R6,7,8 and 10 - given up Mr.S.C.Herold Singh for R10

ORDER

The prayer in this writ petition is for a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 5th respondent in R.T.R.No.F15/1256, dated 23.06.2015, quash the same and direct the 5th respondent to restore the patta in respect of S.No.302/1A of Azhagankulam Village, Ramanathapuram Taluk, Ramanathapuram District. 2.Heard Mr.M.Saravanan, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Advocate appearing for the respondents 1 to 5 and 11 and Mr.S.M.A.Jinnah, learned counsel appearing for the 9th respondent. 3.The 1st petitioner is the wife of one late Thirugnanasambandham. 2nd and 3rd petitioners are the son and daughter of the said Thirugnanasambandham.

The said Thirugnanasambandham already got married with the 6th respondent viz., Saroja and thereafter, the 6th respondent seems to have given customary divorce and the 1st petitioner is the second wife and 2nd and 3rd petitioner accordingly the children of the said Thirugnanasambandham. Thereafter, after the demise of the said Thirugnanasamnabdham, some of the properties of him had been sold by the 6th respondent to the private respondents i.e., R7 to R10. In these circumstances, in respect of this writ petition, the properties sold by the 6th respondent to the 9th The petitioner has been questioned, where, before the Mediation and Conciliation, between the petitioners and the 9th respondent alone, a compromise had been entered into. The petitioners have given up the respondents 6 to 8 and 10.

Therefore, insofar as the issue raised in this writ petition since it pertains to the land, which has been allegedly sold by the 6th respondent to the 9th respondent, they filed a joint compromise memo dated 26.02.2018 signed by the petitioners and 9th respondent as well as their respective counsel. 4.In view of the said compromise having been entered into between the petitioners and the 9th respondent and the other private respondents are given up, this Court is inclined to dispose of this writ petition by recording the said joint compromise memo dated 26.02.2018 entered into between the petitioners and the 9th respondent.

5.Accordingly, this writ petition is disposed of strictly in terms of the joint compromise memo dated 26.02.2018 entered into between the petitioners and the 9th respondent. The joint compromise memo dated 26.02.2018 shall form part of this order. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) Encl.:Xerox Copy of Joint Compromise Memo To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

3. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

4. The Tahsildar, Ramanathapuram Ramanathapuram District.

5. The Zonal Deputy Tahsildar, Ramanathapuram, Ramanathapuram District.

6. The Joint Sub Registrar No.II, Ramanathapuram, Ramanathapuram District.

+1 CC to Mr.S.C.HEROLD SINGH, Advocate ( SR-77406[F] dated 24/07/2019 ) +1 CC to Mr.S.M.A.JINNAH, Advocate ( SR-77399[F] dated 24/07/2019 ) +1 CC to Mr.R.SUBRAMANIAN, Advocate ( SR-77455[F] dated 25/07/2019 ) +1 CC to SPL GP ( SR-77743[F] dated 25/07/2019 ) Order made in W.P.(MD)No.9453 of 2016 and W.M.P.(MD) Nos.7507 of 2016 and 1075 of 2018 Dated:24.07.2019 arul MK (26.08.2019) 3P 11C