Selvi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Selvi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to seek Patta for S.No.311/6 from the Thasildar only after disposal of the pending second appeal S.A.No.10 of 2021 (upon success, with certified copy of judgment and decree); Thasildar to decide the representation dated 15.03.2023 for S.No.311/5 on merits within eight weeks with notice to petitioner and respondent 3; no costs ordered.

Issue for consideration

Whether the petitioner is entitled to Patta for S.No.311/6 in Nattumangalam Village based on the civil court judgment in A.S.No.123 of 2017, given that respondent 3's second appeal S.A.No.10 of 2021 against that judgment is pending before this Court. +1 more

Court's answer

For S.No.311/6, the petitioner is to approach the Thasildar (2nd respondent) for issuance of Patta only after disposal of the pending second appeal S.A.No.10 of 2021, and in case of success in the second appeal, by producing the certified copy of the Judgment and Decree.

Ratio / Principle

For S.No.311/5, claimed on the basis of long possession, the Thasildar (2nd respondent) is directed to consider the petitioner's representation dated 15.03.2023 and pass final orders on its own merits and in accordance with law within eight (8) weeks from receipt of a copy of the order, after issuing notice to the petitioner and the 3rd respondent.

Detailed headnote1 paragraphs

Writ Petition (Mandamus) under Article 226 of the Constitution of India, W.P.(MD)No.8812 of 2023, decided on 14.07.2025 by the Madurai Bench of Madras High Court (Hon'ble Mr. Justice S.Sounthar). Petitioner Selvi sought a writ directing issuance of Patta for S.Nos.311/5 and 311/6 in Nattumangalam Village, Aranthangi Taluk, Pudukottai District, pursuant to her representation dated 15.03.2023. Her claim to S.No.311/6 rested on the Civil Court Judgment in A.S.No.123 of 2017 (Sub Court, Aranthangi); however, respondent 3 (Mani) had filed second appeal S.A.No.10 of 2021 challenging that judgment and decree, pending before this Court, which is why the representation had not been acted upon. The Court disposed of the petition with directions: (i) for S.No.311/6, the petitioner may approach the Thasildar for Patta only after disposal of the second appeal and, upon success, by producing the certified copy of the judgment and decree; and (ii) for S.No.311/5, claimed on long possession, the Thasildar shall consider the representation dated 15.03.2023 and pass final orders on its own merits and in accordance with law within eight weeks of receipt of the order, after notice to the petitioner and respondent 3. No costs.

W.P.(MD)No.8812 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14.07.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR

W.P.(MD).No.8812 of 2023

Selvi

... Petitioner

Vs.

The District Collector, Pudukottai, Pudukottai District.

The Thasildar, Aranthangi Taluk, Pudukottai District.

Mani ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to issue Patta to the petitioner for the property in S.No.311/5 & 311/6 in Nattumangalam Village, Aranthangi Taluk, Pudukottai District by disposing the petitioner's representation dated 15.03.2023.

For Petitioner : Mr.R.Surianarayanan

For R1 & R2 : Mr.A.Baskaran Additional Government Pleader For R3 : No Appearance

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W.P.(MD)No.8812 of 2023

ORDER

The writ petition is filed seeking a direction to issue Patta to the petitioner in respect of the property in S.No.311/5 & 311/6 in Nattumangalam Village, Aranthangi Taluk, Pudukottai District by considering the petitioner's representation dated 15.03.2023.

The petitioner herein seeks issuance of Patta in respect of S.No. 311/6 based on the Civil Court Judgment in A.S.No.123 of 2017 on the file of Sub Court, Aranthangi. As far as S.No.311/5 is concerned, the petitioner herein seeks issuance of Patta based on his long possession.

The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the 3^rd respondent herein filed S.A.No.10 of 2021 challenging the Judgment and Decree passed in A.S.No.123 of 2017 and the same is pending on the file of this Court and therefore, the representation submitted by the petitioner has not been considered.

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W.P.(MD)No.8812 of 2023

In view of the same, the petitioner is directed to approach the 2^nd respondent for issuance of Patta after disposal of the second appeal by producing the certified copy of the Judgment and Decree passed, in case of success in the second appeal.

As far as S.No.311/5 is concerned, the petitioner seeks issuance

of Patta based on his long possession. Therefore, the 2^nd respondent is directed to consider the representation of the petitioner dated 15.03.2023 in respect of S.No.311/5 and pass final orders on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and the 3^rd respondent.

The writ petition is disposed of with the above observations.

No costs.

14.07.2025

NCC :yes/No Index :yes/No Internet:yes/No rgm

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W.P.(MD)No.8812 of 2023

S.SOUNTHAR , J.

rgm

To

The District Collector, Pudukottai, Pudukottai District.

The Thasildar, Aranthangi Taluk, Pudukottai District.

W.P.(MD).No.8812 of 2023

14.07.2025

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