Madras High CourtWP(MD)/13297/2013dismissed

A.Kalavathi v. The Tahsildar,

2015-08-07Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI W.P.(MD) No.13297 of 2013 and M.P.(MD).No.1 of 2013 A. Kalavathi .. Petitioner Vs.

1. The Tahsildar Usilampatti Taluk, Madurai District

2. T. Jeyamal .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent not to pass any order in the second respondent's application for patta transfer in the petitioner's lands in Survey No.7/2 in Ayanarkulam Village, Usilampatti Taluk, Madurai District based on the petitioner's intervene application dated 26.07.2013.

For Petitioner : Mr. G. Radhakrishnan No Appearance For R-1 : Mr. G. Muthukannan Government Advocate

O R D E R

The Writ Petition is filed for a direction to the first respondent not to pass any order in the second respondent's application for patta transfer in the petitioner's lands in Survey No.7/2 in Ayanarkulam Village, Usilampatti Taluk, Madurai District, based on the petitioner's intervene application dated 26.07.2013.

2. According to the petitioner, he is owner of the land measuring 48 Cents in Survey No.7/2 in Ayanarkulam Village, Usilampatti Taluk, Madurai District. The said land was purchased by him on 06.11.1997, by registered sale deed with Sub Registrar Office, Usilampatti, as Document No.2786 of 1997. From the date of purchase, he is in possession and enjoyment of the property. The second respondent who is the adjacent land near is interfering with his possession and enjoyment of the property and therefore, he has come with the present Writ Petition.

3. No representation for the petitioner. Heard the learned Government appearing for the first respondent.

4. From the pleadings it is seen that the second respondent has given application for issue of patta. The petitioner filed intervening petition, objecting the same. After filing such petition, the petitioner has come out with the present petition for a direction not to pass any https://hcservices.ecourts.gov.in/hcservices/

order on the application filed by the second respondent, stating that he is interfering with his possession and enjoyment of the property. Such prayer is not maintainable.

5. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Usilampatti Taluk, Madurai District. 2CC to The Special Government Pleader,SR.No.43620 &45269 W.P.(MD) No.13297 of 2013 and M.P.(MD).No.1 of 2013 07.08.2015 2P/3C AM/JGB.DP/LIB/01.09.2015.

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