v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI W.P.(MD) No.13100 of 2013 M. Bismillakhan .. Petitioner Vs.

1. The District Collector, District Collector Campus, Ramanathapuram District

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

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

4. The Tahsildar, Thasildar Office, Vandikkara Street, Ramanathapuram.

5. The Correspondent, Pukharia Higher Secondary School, Devipattinam, Ramanathapuram District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents Nos. 2 and 4 to provide patta to the petitioner on the basis of decree in O.S.No.33 of 2003 dated 25.02.2011 passed by District Munsif, Ramanathapuram regarding the land in S.No.112/7 in an extent about 0.24.5 hectare situated at Devipattinam village, Ramanathapuram Taluk and District within the time stipulated by this Court.

For Petitioner : Mr. M. Fazil For R1 to R4 : Mr. R. Velmurugan Government Advocate For R5 : Ms. M. Shanmugapriya for Mr.T. R. Jeyabalan

O R D E R

The Writ Petition is filed to direct the respondents 2 and 4 to issue patta to the petitioner on the basis of decree in O.S.No.33 of 2003 dated 25.02.2011, on the file of District Munsif, Ramanathapuram regarding the land in S.No.112/7 to an extent about 0.24.5 Hectare situated at Devipattinam village, Ramanathapuram Taluk and District within the time stipulated by this Court.

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2. The learned Government Advocate appearing for the respondents 1 to 4 submitted that already respondents 1 to 4 have filed appeal along with Interlocutory Application for condoning the delay in filing appeal against the Judgment and Decree in O.S.No.33 of 2003, on the file of Sub Court, Ramanathapuram.

3. The learned counsel for the fifth respondent submitted that the fifth respondent is not a party to the suit in O.S.No.33 of 2003. He further submitted that the said land was leased out to the petitioner by the Revenue Authorities. The petitioner being only a lessee is not entitled to Patta. The fifth respondent has already filed I.A.No.127 of 2015 for permission to file an appeal against the Judgment and Decree, dated 25.02.2011 made in O.S.No.33 of 2003.

4. Heard the learned counsel appearing for the parties.

5. In view of the above submission, without deciding the matter on merits, the petitioner is directed to give fresh representation along with all the documents to the fourth respondent. On receipt of such representation, the fourth respondent is directed to pass orders on the representation of the petitioner, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, taking into consideration of the appeal filed by the respondents, after affording an opportunity to the petitioner and the fifth respondent. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/+ Sub Assistant Registrar trp To

1. The District Collector, District Collector Campus, Ramanathapuram District

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

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

4. The Tahsildar, Thasildar Office, Vandikkara Street, Ramanathapuram. +1CC to M/S.T.Lajapathi Roy ADV.SR.No.45090 +1CC to M/S.T.R.Jeyapalam ADV.SR.No.44761 +1CC to SPl.Government Pleader SR.No.45239 GJM 27.8.15-2P-8C W.P.(MD) No.13100 of 2013 Dated : 07.08.2015 https://hcservices.ecourts.gov.in/hcservices/