1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)Nos.12011 to 12013 of 2011 W.P(MD)No.12011 of 2011: Ramalingam .. Petitioner Vs. The Tahsildhar, Madurai South Taluk, Collectorate Campus, Madurai,Madurai District. .. Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to issue patta to the petitioner in respect of his property in Re Survey No.149/4, to the extent of 6 cents situated at Ponmeni Village, Madurai South Taluk, Madurai District by considering his representation dated 14.06.2011 and to pass such further or other orders. For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.K.P.Krishnadoss, Government Advocate W.P(MD)No.12012 of 2011: Vanaja .. Petitioner Vs. The Tahsildhar, Madurai South Taluk, Collectorate Campus, Madurai,Madurai District. .. Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to issue patta to the petitioner in respect of her property in Re Survey No.149/6, to the extent of 22 cents situated at Ponmeni Village, Madurai South Taluk, Madurai District by considering her representation dated 14.06.2011 and to pass such further or other orders. For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.K.P.Krishnadoss Government Advocate W.P(MD)No.12013 of 2011: Chellammal .. Petitioner Vs. The Tahsildhar, Madurai South Taluk, Collectorate Campus, Madurai,Madurai District. .. Respondent https://hcservices.ecourts.gov.in/hcservices/ 2 Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to issue patta to the petitioner in respect of her property in Re Survey No.149/5, to the extent of 50 cents and Re Survey No.149/4 to the extent of 10 cents situated at Ponmeni Village, Madurai South Taluk, Madurai District by considering her representation dated 14.06.2011 and to pass such further or other orders. For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.K.P.Krishnadoss Government Advocate COMMON ORDER The petitioners in these writ petitions seek a mandamus directing the respondent to issue patta in respect of various extents of lands in Re-Survey Nos.149/4, 149/5 and 149/6, Ponmeni Village, Madurai South Taluk, Madurai District, by considering their representations dated 14.06.2011. 2. Heard Mr.N.Sathish Babu, learned counsel for the petitioners and Mr.K.P.Krishnadoss, learned Government Advocate for the respondent. 3. It is admitted by the petitioners themselves that a suit for partition in O.S.No.246 of 2006 was filed by Nallammal and others against the petitioners herein. But according to the petitioners, the properties in respect of which they are seeking patta, are not covered by the schedule of properties contained in the partition suit. 4. The property in respect of which, the petitioners seek patta are as follows: Sl. No. W.P(MD)No. Name of the petitioner Property 1 12011 of 2011 Ramalingam R.S.No.149/4 measuring 6 cents 2 12012 of 2011 Vanaja R.S.No.149/6 measuring 22 cents 3 12013 of 2011 Chellammal R.S.No.149/4 measuring 10 cents and R.S.No.149/5 measuring 50 cents 5. The properties which form part of the plaint schedule in the partition suit are as follows: "Schedule of Properties In Madurai town, in Ponmeni Village, https://hcservices.ecourts.gov.in/hcservices/ 3 Survey No. Extent Rs. 1 149/4 Eastern 1 Acre 74 Cents Out of 2 Acres 24 Cents 1,50,000/- 2 68/4 0.19 Cents 20,000/- 3 68/5 0.45 Cents 45,000/- 4 68/6B2 0.47 Cents 90,000/- 5 168/1 1.40 Cents 1,40,000/- Total 4.69 Cents 4,45,500/- ½ share is Rs.2,22,500/-. 6. Prima facie it appears that the lands in Re-Survey Nos.149/5 and 149/6 are not covered by the plaint schedule. Even in Re-Survey No.149/4, the eastern extent of 1 acre 74 cents out of the total of 2 acres and 24 cents land alone is covered. 7. It is admitted by the learned counsel for the petitioners that an interim order of injunction was granted by the trial Court in the aforesaid suit and an appeal in C.M.A.No.20 of 2007 is now pending. 8. In view of the above, the writ petitions are disposed of directing the respondent to hold an enquiry, issue notice to the plaintiffs in O.S.No.246 of 2006, find out if the properties covered by the present writ petitions are not the subject matter of the suit. If they are not, there is no impediment for the respondent and he shall pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Tahsildhar, Madurai South Taluk,Collectorate Campus,Madurai,Madurai District. +1cc to Mr.N.Sathish Babu, Advocate, Sr.No.37756 +one cc to Special Government Pleader, Sr.No.37823 COMMON ORDER MADE IN W.P(MD)Nos.12011 to 12013 of 2011 smn/SMA/11/11/2011/4C/3P 02.11.2011 https://hcservices.ecourts.gov.in/hcservices/