Madras High CourtWP(MD)/575/2023disposed of

Ramachandran v. The Revenue Divisional Officer

2023-02-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Ramachandran 2.Arivalagan 3.Ganesh Babu ... Petitioners Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Taluk Office, Aruppukottai, Virudhunagar District.

3.Mottaian ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue Patta in the Petitioners' name for their properties of bearing Survey Nos. 241/13B - 0.30.5 Hectares totally 0.35.5 (88 cents), 159/2 - 0.02.5 Hectares - 6 cents, 159/3A - 0.01.0 Hectare, 159/3B - 0.14.5 Hectares - 38 cents, 159/4 - 0.31.5 Hectares - 78 cents, 241/10A - 0.05.0 Hectares, totally 2 Acres 2 cents, and Survey Nos. 242/1 - 0.45.0 Hectares - 1 Acre 11 Cents, 242/2 -0.45.5 - 1 Acre 1/4

12 Cents and Survey No. 242/3A - 1 Acre 21 1/2 Cents totally 3 Acre 44 1/2 Cents - situated at Puliyuran Village, Aruppukottai Taluk, Virudhunagar District.

For Petitioners : Mr.R.Murugappan For Respondents : Mr.A.K.Manikkam Special Government Pleader for R.1 & R.2 Mr.V.Sasikumar for R.3

ORDER

Heard the learned counsel on either side.

2.The petitioners seek issuance of patta in their names in respect of the petition mentioned properties.

3.When the matter was taken up for hearing, the learned counsel appearing for the third respondent relied on decree passed in favour of the third respondent's wife. The learned counsel appearing for the petitioners questions the validity of the decree. If that be so, his remedy is elsewhere. Only after the petitioners are able to establish his claim before the jurisdictional civil Court, he can move the revenue authority / the second respondent herein. 2/4

4.Granting such liberty to the petitioner herein, this writ petition is disposed of. There shall be no order as to costs. 24.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Taluk Office, Aruppukottai, Virudhunagar District.

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G.R.SWAMINATHAN, J.

MGA 24.02.2023 4/4