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R. Thangam Vs. The District Revenue Officer, Of Madurai and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P.(MD)No. 1583 of 2009
Judge
AppellantR. Thangam
RespondentThe District Revenue Officer, Of Madurai and Others
Excerpt:
.....rejected. 3. the learned counsel appearing for the writ petitioner would state that the petitioner has filed a suit in o.s.no.705 of 2008, on the file of the district munsif court, madurai town, seeking the relief of declaration of title and delivery of possession. it is also submitted that the said suit came to be dismissed on 19.07.2012 and the petitioner has filed an appeal against the same. 4. in view of the present circumstances, the petitioner is not having title. after the disposal of the appeal, if the petitioner succeeds and gets the declaration of title, she is entitled to approach the respondents for the same relief and get the patta transferred in her name. as of now the matter has become infructuous and the writ petition is closed without any order. no order as to costs.
Judgment:

(Prayer:Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the order of the first respondent, dated 08.03.2008, made in his proceedings Na.Ka.No.28449/2007/G2 which was delivered through the District Collector, Madurai and quash the same.)

1. This writ petitioner filed the above writ petition challenging the order of the District Revenue Officer, Madurai, in his proceedings Na.Ka.No.28449/2007/G2, dated 08.03.2008, transferring the patta in the name of the third respondent.

2. The order of the first respondent would state that the petitioner has not established the title to the property and has not produced any evidence to show her entitlement, therefore, her request came to be rejected.

3. The learned counsel appearing for the writ petitioner would state that the petitioner has filed a suit in O.S.No.705 of 2008, on the file of the District Munsif Court, Madurai Town, seeking the relief of declaration of title and delivery of possession. It is also submitted that the said suit came to be dismissed on 19.07.2012 and the petitioner has filed an appeal against the same.

4. In view of the present circumstances, the petitioner is not having title. After the disposal of the appeal, if the petitioner succeeds and gets the declaration of title, she is entitled to approach the respondents for the same relief and get the patta transferred in her name. As of now the matter has become infructuous and the writ petition is closed without any order. No order as to costs.


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