This court dismissed a writ petition challenging the issuance of sub-divided patta in favour of a second respondent. Finding no infirmity or illegality in the order, the court held the writ devoid of merits and noted that the petitioners' civil suit remains pending.
Writ petition dismissed with connected miscellaneous petitions closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.NO.27401 OF 2015 AND M.P.NOS. 1 AND 2 OF 2015
B.Shyamala .... Petitioner
Vs
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the proceeding in TR/034/03273/40495 of 2015 on the file of the first respondent; quash the sub-divided individual patta Nos.3272 & 3273 issued pertaining to the schedule property as null and void and consequentially restrain the first respondent from further transferring the patta in the name of the third respondent.
For Petitioner : Mr.R.Udayakumar For R1 : Mr.M.R.Gokul Krishnan, Government Advocate For R2 & R3 : Mr. A. Gowthaman
ORDER
This Writ Petition has been filed for issuance of writ of certiorarified mandamus, calling for the records of the proceeding in TR/034/03273/40495 of 2015 on the file of the first respondent; quash the sub-divided individual patta Nos.3272 & 3273 issued pertaining to the schedule property as null and void and consequentially restrain the first respondent from further transferring the patta in the name of the third respondent.
the suit. That apart, in pursuant to the settlement deed executed in favour of the second respondent, the first respondent ordered for sub-division of property and issued patta in favour of the second respondent herein.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
Lpp
To
+2ccs to Mr.R.Udayakumar , Advocate, S.R.No.54963 +4ccs to Mr.A.Gowthaman, Advocate, S.R.No.54973 +1cc to the Government Pleader, S.R.No.55086
W.P.No.27401 of 2015
and M.P.Nos. 1 and 2 of 2015
RLD(CO) PM/17/11/2021
1 issue framed by the court
Whether the issuance of sub-divided individual patta Nos. 3272 and 3273 by the first respondent was lawful given the petitioners' claim of title.
B. Shyamala
The Tahsildar, Tituttani
Rajendran
Hamsa @ Amsa
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
