Writ petition for mandamus to direct disposal of representation seeking patta for 22 acres of land. Court found property leased to TNPL and a suit pending; consequently, relief cannot be granted, leaving remedy to pending suit.
Relief sought (issuance of patta) could not be granted; petition disposed of accordingly.
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WP(MD)No.5617 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.5617 of 2021
1.K.Sankilimuthu 2.M.Ponnusamy
...Petitioners
/Vs./
1.The District Collector, Trichirappalli District, Trichirappalli.
2.The Revenue Divisional Officer, Trichirappalli, Trichirappalli District.
3.The Tahsildar, Thiruverumbur – Taluk Office, Thiruverumbur, Thirichirappalli District Trichirappalli – 13. . ...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the respondents to dispose of the petitioner's representation dated 02.02.2021 to issue patta in the names of the petitioners in old Survey Nos.45 and 53 in New Survey No.266/1 with extent of 22.00 Acres Punja land at Periyasooriyur – Village, Thiruverumbur Taluk, Thiruchirappalli District within the time stipulated by this Court.
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WP(MD)No.5617 of 2021
For Petitioners : Mr.V.M.Selvaraj For Respondents : Ms.D.Farjana Ghoushia Special Government Pleader
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the respondents to dispose of the representation made by the petitioners on 02.02.2021, wherein the petitioners are seeking for issuance of patta with respect to subject properties in S.No.266/1 measuring an extent of 22 acres at Periyasooriyur Village, Thiruverumbur Taluk, Thiruchirappalli District.
2. When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents produced written instructions received from the third respondent. On going through the same, it is seen that the subject property has been categorized as 'Arasu Punjai Tharisu' and that the property has been given on lease in favour of TNPL and they are utilizing the said property. That apart, the petitioners along with one Ayyasamy have also filed a suit in O.S.No.692 of 2015 before the District Munsif Court, Tiruchirappalli seeking for the very same relief.
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WP(MD)No.5617 of 2021
3.
3. In the light of the above stand taken by the respondents, the relief
sought for by the petitioners cannot be granted by this Court and it is left open to the petitioners to work out their remedy in the pending suit. This writ petition is disposed of accordingly. No costs.
16.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm
To:-
1.The District Collector, Trichirappalli District, Trichirappalli.
2.The Revenue Divisional Officer, Trichirappalli, Trichirappalli District.
3.The Tahsildar, Thiruverumbur – Taluk Office, Thiruverumbur, Thirichirappalli District Trichirappalli – 13.
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WP(MD)No.5617 of 2021
N.ANAND VENKATESH, J.
sm
Order made in W.P.(MD)No.5617 of 2021
Dated: 16.10.2023
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1 issue framed by the court
Whether the High Court can direct issuance of patta for properties categorized as 'Arasu Punjai Tharisu' leased to TNPL while a suit is pending. The court left open the petitioners remedy in the pendi
K. Sankilimuthu
M. Ponnusamy
The District Collector, Trichirappalli
The Revenue Divisional Officer, Trichirappalli
The Tahsildar, Thiruverumbur
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
