Allowed

Subaitha Begum v. the District Collector

Madras HC14 Dec 2022WP(MD)/14677/2013

Case brief

AI extract

What is this about?

The Writ Petitioner challenging an interim property revenue transfer order sought writ relief after filing a civil suit. The High Court, noting the intervening decree in the civil suit favoring the petitioner, directed the Revenue authorities to dispose of the property transfer matter in line with the court judgment.

What did the court decide?

Directed the 3rd respondent to consider the petitioner's case and act in accordance with the judgment and decree passed in O.S.No.32 of 2013 dated 03.11.2017 within 8 weeks.

Subaitha Begum Vs the District Collector — Land Acquisition | Madras HC (2022)

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W.P(MD)No.14677 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14.12.2022

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CORAM

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THE HON'BLE MR.JUSTICE K.KUMARESH BABU

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W.P(MD)No.14677 of 2013 and M.P(MD)Nos.1 to 3 of 2013

Subaitha Begum

... Petitioner

Vs.

1.The District Collector, Trichy District.

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2.The Revenue Divisional Officer, Thiruchirapalli District.

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3.The Tahsildar, Manapparai, Trichy District.

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4.Ramasubramanian ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order in Na.Ka.No. m7.2340-2013 dated 19.07.2013 on the file of the 2^nd respondent and quash the same as illegal, unjust, without jurisdiction and consequently restraining the Respondents No.2 & 3 from inclusion of names of any

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14677 of 2013

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person in the existing petitioner's pattas No.3437 and 2853 in Kannudaiyanpatti Village, Manapparai Taluk, Tiruchy District pending disposal of the civil suit in O.S No.32 of 2013 on the file of the District Munsif Court, Manapparai.

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For Petitioner : Mr.S.A.Ajmal Khan For R1 - R3 : M/s.D.Farjana Ghoushia Special Government Pleader For R4 : Mr.K.Prabhakar Raguvaran Gopalan

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ORDER

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The petitioner had approached this Court being aggrieved against the order passed by the 3^rd respondent/Revenue Divisional Officer, Trichy, dated 19.07.2013, whereunder, he had set aside the order of the Tahsildar, dated 18.04.2013 and restore the order passed by the Deputy Tahsildar, dated 07.01.2013.

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The case of the petitioner is that he is the owner of the property by way of a purchase in the year 1995. Since there is a dispute between him and the 4^th respondent herein, he had preferred a suit in O.S.No.32 of 2013 on the file of the Additional District Munsif Court, Manapparai seeking for a relief of permanent injunction against the 4^th respondent

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14677 of 2013

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from interfering with his possession and enjoyment. In the meantime, the Deputy Tahsildar, by his order, dated 07.01.2013 had directed transfer of patta in the name of the 4^th respondent, which was challenged by the petitioner before the Tahsildar, namely the 3^rd respondent. The 3^rd respondent had directed the parties to approach for grant of patta based on the pending suit in O.S.No.32 of 2013 on the file of the Additional District Munsif Court, Manapparai. The 4^th respondent herein being aggrieved against the order of the 3^rd respondent, had approached the 2^nd respondent. The 2^nd respondent in and by his impugned order, had set aside the order of the Tahsildar and restored the order of the Deputy Tahsildar.

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It is brought to the notice of the Court by the learned counsel appearing for the petitioner and the 4^th respondent, pending this writ petition, the suit in O.S.No.32 of 2013 has been decreed in favour of the writ petitioner on 03.11.2017 and appeal suit filed by the 4^th respondent has also been dismissed.

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W.P(MD)No.14677 of 2013

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In view of the subsequent development, the 3^rd respondent is

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directed to consider the case of the petitioner and act in accordance with the judgment and decree made in O.S.No.32 of 2013, dated 03.11.2017 passed by the Additional District Munsif, Manapparai and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order.

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With the above said observations, this Writ Petition stands

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disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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14.12.2022 Index : Yes / No Internet : Yes / No gbg

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14677 of 2013

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1.The District Collector, Trichy District.

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2.The Revenue Divisional Officer, Thiruchirapalli District.

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3.The Tahsildar, Manapparai, Trichy District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.14677 of 2013

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K.KUMARESH BABU,J.

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gbg

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Order made in W.P(MD)No.14677 of 2013

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Dated: 14.12.2022

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Subaitha Begum v. the District Collector

Case brief

What is this about?

What did the court decide?

Subaitha Begum v. the District Collector

Case brief

What is this about?

What did the court decide?

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