W.P.(MD).No.7411 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

W.P.(MD).No.7411 of 2022

Y.Kokila

... Petitioner

Vs.

1.The District Collector,

O/o.the District Collector,

Ramanathapuram District.

2.The Sub-Collector,

O/o.the District Collectorate Campus,

Ramanathapuram District.

3.The Tahsildar,

Paramakudi Taluk Office,

Ramanathapuram District.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution

of India, praying this Court to issue a Writ of Mandamus, directing

the respondents to issue patta to the petitioner in respect of the

property situated at S.Nos.228/5, 228/6, 229/7, 229/13, 245/3,

246/1, 260/4, 261/8 and 273/3, Emaneswaram, Paramakudi Taluk,

Ramanathapuram District by

considering the petitioner's

representation dated 12.03.2022 within the time that may be

stipulated by this Court.

For Petitioner

: Ms.Jasima Yasmin

for M/s.Ajmal Associates

For Respondents

: Mr.M.Lingadurai,

Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a

direction to the respondents to issue patta in favour of the

petitioner in respect of her lands situated at Survey Nos.228/5,

228/6, 229/7, 229/13, 245/3, 246/1, 260/4, 261/8 and 273/3,

Emaneswaram, Paramakudi Taluk, Ramanathapuram District based on the

petitioner's representation dated 12.03.2022 within a time frame to

be fixed by this Court.

2. The petitioner claims that she is in possession and

enjoyment of the aforementioned property. According to her, her

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W.P.(MD).No.7411 of 2022

possession is also confirmed by the judgment and decree dated

31.10.2019 passed by the Sub Court, Paramakudi in A.S.No.81 of 2010.

It is the case of the petitioner that a suit for declaration was

filed by the petitioner in O.S.No.162 of 2004 on the file of the

District Munsif Court, Paramakudi, which was dismissed on

24.08.2010. Aggrieved by the same, the petitioner preferred an

appeal before the Sub Court, Paramakudi in A.S.No.81 of 2010. The

said appeal came to be partly allowed in favour of the petitioner

confirming that the petitioner is in possession of the property.

However, the relief of declaration was declined. According to the

petitioner, a Second Appeal has also been filed by her against the

judgment and decree dated 31.10.2019 passed in A.S.No.81 of 2010,

since the relief of declaration of title was declined. According to

her, even during the pendency of the litigation, the brother of the

petitioner has relinquished his right in the property. Therefore,

according to the petitioner, there is no necessity for partition as

directed in the judgment of the Lower Appellate Court dated

31.10.2019 in A.S.No.81 of 2010.

3. The petitioner has applied for patta in her name in respect

of the property situated at Survey Nos.228/5, 228/6, 229/7, 229/13,

245/3, 246/1, 260/4, 261/8 and 273/3, Emaneswaram, Paramakudi Taluk,

Ramanathapuram District through her representation dated 12.03.2022

based on the judgment and decree dated 31.10.2019 passed by the Sub

Court, Paramakudi in A.S.No.81 of 2010. According to her, the patta

for the subject property presently stands in the name of Mumtaj

Begam and other third parties. The petitioner has sought for

cancellation of patta standing in the name of the third parties and

also has sought for issuance of patta in her name for the subject

properties in her representation dated 12.03.2022 given to the

respondents.

4. No prejudice would be caused to the respondents, if the

petitioner's representation is considered on merits and in

accordance with law, after affording a fair hearing to the

petitioner and other necessary parties, whom the third respondent

deems fit to enquire, within a time frame