1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD).No.13080 of 2011 M.Subbiramanian ... Petitioner -Vs- The Thasildar Taluk Office Manamadurai Taluk Sivagangai District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondent to issue patta to the petitioner, for his land situated at Sivagangai District, Manamadurai Taluk, Thiruppashethi North, Thiruppashethi with and extend of East to West 26 casteyard, North to West 16 Casteyard and it is bounded by North Subbiramaniyapillai son in law Chanthran Cowshed, East Karuppanpillai house, south Murugan Chellakumar houses and west Nallatchiyamman Temple Street by considering the petitioner's representation sent to the respondent dated 15.03.2010. For Petitioner : Mr.R.Murugappan For Respondent : Mr.M.Alaguthevan Special Government Pleader O R D E R The petitioner has come up with the above Writ Petition seeking a Mandamus to direct the respondents to issue patta for his land. 2. Heard Mr.R.Murugappan, learned counsel for the petitioner. Mr.M.Alaguthevan, learned Special Government Pleader takes notice for the respondent. 3. Claiming that he is the owner of a property measuring about 26 X 16 in Thiruppashethi Village, Manamadurai Taluk, the petitioner filed a suit in O.S.No. 99 of 2007 on the file of the Principal District Munsif Court, Manamadurai, praying for a decree of permanent injunction restraining the District Collector, Sivagangai and Thasildar, Manamadurai, from interfering with his possession and enjoyment. Despite the Government filing a written statement on the ground that the property in question is a public pathway, from which the petitioner had already been evicted in terms of Tamil Nadu Land Encroachment Act 1905, the Munsif Court passed a decree on 24.07.2009, granting a decree of permanent injunction in favour of the petitioner. 4. What is shocking about the Judgment of the District Munsif Court is the fact that the description of property contained in the decree does not even contain a survey number. With just four boundaries and without any identification of even the survey number or street or locality, the petitioner had obtained a decree for permanent injunction. https://hcservices.ecourts.gov.in/hcservices/ 2 5. What is still more shocking is that the Government had not chosen to file an appeal, which has resulted in the petitioner being emboldened to make a representation for the grant of pata. Even in the representation for grant of patta, there is no mention of any survey number. After making such a representation, the petitioner has come up with the above Writ Petition. Therefore, the Writ Petition deserves to be dismissed inlimini. 6. As a matter of fact, the decree passed by the Munsif Court is wholly illegal and contrary to law. There is a bar of jurisdiction of civil Courts under the Tamil Nadu Land Encroachments Act, 1905. Therefore, the decree in favour of the petitioner is a nullity and it is not binding on the respondents. Sd/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar To The Thasildar, Taluk Office, Manamadurai Taluk, Sivagangai District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 40346 Vsg SR : 29.12.2011 : 2p/3c W.P.(MD).No.13080 of 2011 17.11.2011 https://hcservices.ecourts.gov.in/hcservices/