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Madras High CourtWP(MD)/25467/2024allowed

Kottaimuthu v. The Revenue Divisional Officer

2024-10-25Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Kottaimuthu .. Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Division Office, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Mudukulathur Taluk, Mudukulathur, Ramanathapuram District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent to issuance of patta in petitioner's favour at Old Survey No.31 and New Survey No.160 total extent of 3 acres and 60 cents Keelakodumalur Village, Mudukulathur Taluk, Ramanathapuram District by considering representations, dated 24.08.2015 and 13.05.2021. For Petitioner :

Mr.D.Selvanayagam

For Respondents :

Mr.D.S.Nedunchezian Government Advocate

ORDER

The petitioner whose title to the property is the subject matter of this writ petition had been declared by the District Munsif cum Magistrate, Mudukulathur in O.S.No.102 of 2006, had made an application on 24.08.2015 and a reminder on 13.05.2021 for issuance of patta. The same has not been issued in favour of the petitioner and therefore, this writ petition.

2. Heard the learned counsels on either side.

3. It is seen that the suit in question has been filed against the District Collector, Ramanathapuram for a declaration and injunction since he was being distrubed by the respondent and his revenue authorities. The suit has been decreed and there is no appeal against the same. Therefore, since the Civil Court had declared the right of the petitioner to the property, the 2nd respondent herein has to issue patta in

favour of the petitioner. Therefore, taking note of the above, a mandamus is issued to the 2nd respondent to issue patta as requested in the representations, dated 24.08.2015 and 13.05.2021 within a period of four

(4) weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition stands allowed. No costs.

25.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Revenue Divisional Officer, Revenue Division Office, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Mudukulathur Taluk, Mudukulathur, Ramanathapuram District.

P.T.ASHA, J.

gbg 25.10.2024