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2014 DIGILAW 3467 (MAD)

Packiathai v. Thasildar, Tenkasi Taluk, Tirunelveli

2014-09-19

T.S.SIVAGNANAM

body2014
Judgment 1. The petitioner seeks for issuance of writ of mandamus, directing the1st respondent to consider the representation of the petitioner dated 26.06.2013 for participating in the patta proceedings as directed in W.P.No.888 of 2013, order dated 27.03.2013 on the file of this Honourable Court. 2. The petitioner submits that he has purchased the subject property from one Mary Ranjitham, who is the daughter of Dories Jothinayagam. The petitioner came to know that the petitioner's vendor Mary Ranjitham and her sister Rebecka have filed a suit in O.S.No.552 of 1995 on the file of the District Munsif Court, Tenkasi and have secured a decree of permanent injunction. The second respondent herein, who is the brother of the petitioner's vendor has filed a writ petition before this Court in W.P.(md).No.14257 of 2011 praying for a direction to the respondents to issue patta in his name in respect of the subject property by considering his application. The said writ petition was disposed of with a direction to conduct enquiry and take appropriate action in accordance with law. The second respondent herein filed another writ petition in W.P.(MD).No.888 of 2013, challenging the order passed by the Tahsildhar, Tenkasi Taluk, dated 12.02.2012 and to quash the same and direct the second respondent therein namely Tahsildhar to conduct enquiry on the petitioner's application dated 14.11.2011 for issuing patta in the name of the petitioner in Survey No.86/4 and 87/1. The said order dated 12.02.2012 was quashed and the Tahsildhar, Tenkasi Taluk was directed to take up the matter in accordance with the direction issued in W.P.(MD).No.14257 of 2011, issue notice to the concerned parties, including the plaintiff in O.S.No.552 of 1995 and decide the matter on merits and as per law. The plaintiffs in O.S.No.552 of 1995 are Rebacka and Mary Ranjitham, who is the vendor of the petitioner. Now, the petitioner has purchased the property from Mary Ranjitham and he seeks permission from this Court to participate in the patta proceedings as directed in W.P.No.888 of 2013, order dated 27.03.2013 by this Court. A representation in this regard is pending from 2012. 3. Now, the petitioner has purchased the property from Mary Ranjitham and he seeks permission from this Court to participate in the patta proceedings as directed in W.P.No.888 of 2013, order dated 27.03.2013 by this Court. A representation in this regard is pending from 2012. 3. In view of the above, the first respondent is directed to consider the representation of the petitioner and permit the petitioner to take part in the hearing relating to the grant of patta in respect of the claim made by the second respondent, if the representation is not disposed of till date. 4. With the above direction, the writ petition is disposed of. No costs.