1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).No.94 of 2011 1.Amutha 2.S.Prakash : Appellants/Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Tahsildar, Andipatti Taluk, Theni District, Theni. : Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 20.09.2010 made in W.P.(MD). No.11960 of 2010 on the file of this Court. WP.No.11960/2010:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to issue joint patta in the name of the petitioners 1 and 2 for property, measuring 1 acre 13 cents in S.No.1506/21 in Kovilpatti Village in Andipatti Taluk in Theni District by disposing the application dated 27.03.2009 which is pending before him in the light of Civil Courts decree dated 26.10.2005 made in O.S.No.9/2005 on the file of District Munsif cum Judicial Magistrate, Andipatti within a time to be stipulated by this Hon'ble Court. For Appellants : Mr.R.Surianarayanan For Respondents : Mr.R.Janakiramalu Special Government Pleader JUDGMENT ************* [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J This Writ Appeal is directed against the order dated 20.09.2010 made in W.P.(MD).No.11960 of 2010, wherein a learned Single Judge dismissed the Writ Petition filed by the appellants herein praying for a direction to the second respondent to issue https://hcservices.ecourts.gov.in/hcservices/ 2 joint pattas in the name of the appellants for the property measuring 1 acre and 13 cents in S.No.1506/1 Kovilpatti Village, Andipatti Taluk, Theni District, by disposing of the application dated 27.08.2009, which is pending before the second respondent, in the light of the Civil Court's Decree dated 26.10.2005 made in O.S.No.9 of 2005, on the file of the learned District Munsif cum Judicial Magistrate, Andipatti. 2. The said Writ Petition was dismissed by the learned Single Judge on two grounds:- (i) The authority cannot be given a direction to exercise his discretion in a particular manner and if the authority wrongly decides the issue, it is always open to the parties to file an appeal. (ii). Necessary parties were not impleaded as respondents in the Writ Petition filed by the appellants. 3. The learned counsel appearing for the appellants submitted that the appellants are not agitating the first ground in this Writ Appeal. However, the learned counsel prays for a direction to the second respondent to consider the application dated 27.08.2009, wherein the appellants sought for joint patta in the name of the appellants, and pass orders within a given time. 4. The said direction could not be issued, since the appellant has not impleaded the necessary parties, who are shown as respondents before the second respondent in the application filed by them seeking joint patta. 5. In the result, the order of the learned Single Judge dated 20.09.2010 made in W.P.(MD).No.11960 of 2010 is confirmed and this Writ Appeal is dismissed. However, this Judgment will not preclude the appellants to file a fresh Writ Petition praying for early disposal of the application seeking joint patta by impleading necessary parties. Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Theni District, Theni. 2.The Tahsildar, Andipatti Taluk, Theni District, Theni. NB rl/3c – 24.2.2011 JUDGMENT MADE IN W.A.(MD).No.94 of 2011 25.01.2011 https://hcservices.ecourts.gov.in/hcservices/