Disposed

J.G. Narmatha, v. the District Collector

Madras HC15 Apr 2013WP(MD)/1662/2013

Case brief

AI extract

What is this about?

In this writ petition, J.G. Narmatha sought a mandamus directing the respondent Revenue Divisional Officer to forward files for mutation and issue a patta. The Madurai Bench of the Madras High Court directed the officer to consider the petitioner's representation within four months but explicitly clarified this was not a direction to mutate records in her favour.

What did the court decide?

Directed the 3rd respondent to consider the petitioner's representation on mutation within four months; clarified this was not a direction to mutate entries in her favour.

J.G. Narmatha, Vs the District Collector — Property and Title | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2013 CORAM:

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THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

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Writ Petition(MD)No.1662 of 2013

J.G.Narmatha

: Petitioner

Vs.

1.The District Collector, Madurai District, Madurai. 2.District Revenue Officer, Madurai District, Madurai.

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3.The Revenue Divisional Officer, Madurai District, Madurai. 4.The Tahsildar, Madurai North Taluk, Madurai District, Madurai. : Respondents

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Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 4th respondent to forward the files relating to mutation of revenue records in UDR Survey No.25/8, 25/12 and 25/13, Kadachanendal Village, (Narasingam Third Bit Village) to the 3rd respondent and consequently directing the 3rd respondent to pass necessary orders, issuing patta in the name of the petitioner, within a time frame.

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For Petitioner : Mr.T.R.Jeyapalam For Respondents : Mr.D.Muruganandam, Addl.Govt.Pleader.

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ORDER

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The petitioner seeks a writ of mandamus directing the 3rd respondent to effect mutation of records in respect of the property in UDR Survey No.25/8, 25/12 and 25/13, Kadachanendal Village, (Narasingam Third Bit Village).

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2.According to the petitioner, she purchased the https://hcservices.ecourts.gov.in/hcservices/ property in UDR Survey No.25/8, 25/12 and 25/13, Kadachanendal Village, (Narasingam Third Bit Village), on the basis of registered Sale Deed, dated 27.02.2006. There was a civil suit for partition in respect of the said property in O.S.No.396 of 1995 on the file of

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the III-Additional Subordinate Court, Madurai. The learned Subordinate Judge passed a preliminary decree for partition on 20.08.1997, declaring 1/2 share of the plaintiff in the suit property. Thereafter, final decree was passed on 08.11.2004. There was no further appeal against the final decree. Subsequently, the plaintiff in O.S.No.396/2006 filed Execution Petition in E.P.No.21 of 2005 before the District Munsif, Melur, for delivery. Accordingly, delivery was effected on 19.12.2005. The petitioner, thereafter, purchased the property on 27.02.2006. The petitioner now wanted the 3rd respondent to mutate the revenue records.

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3.The petitioner appears to have given a representation to the 3rd respondent on 27.08.2012. The said representation was not considered by the 3rd respondent, which made the petitioner to file the writ petition.

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4.The 3rd respondent is directed to consider the representation submitted by the petitioner on 27.08.2012, with notice to all the parties concerned and dispose of the matter as expeditiously as possible and in any case, within a period of four months from the date of receipt of a copy of this order. It is made clear that the order directing the 3rd respondent to consider the representation of the petitioner should not be construed as a positive direction to mutate the entries in his favour.

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5.The writ petition is disposed of with the above direction. No costs.

Sd/-

Assistant Registrar

\True copy\

Sub Assistant Registrar

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To:

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1.The District Collector, Madurai District, Madurai.

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2.District Revenue Officer, Madurai District, Madurai.

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3.The Revenue Divisional Officer, Madurai District, Madurai.

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4.The Tahsildar, Madurai North Taluk, Madurai District, Madurai.

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+1CC to M/s.T.R.Jeyabalam, Advocate Sr.NO.21139

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+1CC to the Spl.Govt.Pleader, SR.No.20913/2013

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https://hcservices.ecourts.gov.in/hcservices/

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Order made in W.P.(MD)No.1662 of 2013 Dated:15.04.2013

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NA/28/05/2013/P2/7C

J.G. Narmatha, v. the District Collector

Case brief

What is this about?

What did the court decide?

J.G. Narmatha, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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