Karuppayee Ammal v. Chinnammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) No.973 of 2024 1.Karuppayee Ammal 2.A.Raja 3.A.Muthuraja ... Appellants -vs1.Chinnammal 2.The Tahsildar, Authoor Taluk Office, Authoor, Dindigul District.

... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 16.11.2023 made in W.P(MD).No.14862 of 2022. For Appellants :

Mr.S.Sarvagan Prabhu For Respondents :

Mr.J.Lawrance for R1 Mr.S.P.Maharajan, Special Govt. Pleader for R2

J U D G M E N T

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] Challenging the order passed by this Court in W.P(MD).No.14862 of 2022, dated 16.11.2023, the appellants have filed this Writ Appeal.

2. According to the appellants, the first respondent / Writ Petitioner has filed a Writ Petition before this Court challenging the rejection of the application for grant of patta. The said Writ Petition came to be allowed by this Court on 16.11.2023, directing the respondents to substitute the name of the first respondent / Writ Petitioner in the place of her vendor. As against the said order, the appellants have filed this Writ Appeal.

3. The learned Special Government Pleader appearing for the second respondent submitted that pursuant to the direction passed by this Court in the Writ Petition, the second respondent through his proceedings in e.vz;. 6776/2023/M1, dated 07.12.2023 has granted patta to the first respondent.

4. Considering the facts and circumstances of the case and also considering the fact that patta has been granted to the first respondent / Writ Petitioner, we are of the view that no further orders are required in this Writ Appeal. However, the appellants can raise all the grounds raised in the Writ Appeal before the civil Court in O.S.No.739 of 2019 on the file of the Principal Sub Court, Dindigul. The learned Principal Sub Judge, Dindigul shall dispose of the said civil suit as per law without being influenced by any of the observations made by this Court or granting of patta to the first respondent/ Writ Petitioner.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 02.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No vsm

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm To 1.The Tahsildar, Authoor Taluk Office, Authoor, Dindigul District.

2.The Principal Sub Judge, Dindigul.

and C.M.P.(MD) No.973 of 2024 02.02.2024