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Sivakamiammal vs The District Revenue Officer

Madras High Court|23 November, 2017

JUDGMENT / ORDER

This writ petition has been filed seeking a writ of Certiorarified Mandamus, to quash the impugned order, dated 15.03.2016, passed in Ni.Mu.A3/15816/2012, by the first respondent.
2.The case of the petitioner is that she purchased the property admeasuring 0.03.5 Ares comprised in S.F.No.811/3, Maravamadurai Village, Thirumayam Taluk and one Subramanian purchased the property admeasuring 0.02.0 Ares comprised in S.F.No.811/2 and the land admeasuring 0.01.5 Ares comprised in S.F.No.811/4 is classified as Kaman Temple. Since the second respondent interfered with her peaceful possession and enjoyment over S.F.No.811/3 and 811/4, she filed a suit in O.S.No.52 of 2012 on the file of the District Munsif cum Judicial Magistrate's Court, Thirumayam, for the relief of permanent injunction, wherein an order of interim injunction was granted in respect of the cattle sheet admeasuring 1325 square feet, out of 3,567 square feet, comprised in S.F.No.811/3. While so, the second respondent preferred a petition before the first respondent, upon which, the first respondent has erroneously cancelled the patta granted in favour of the petitioner as well as the said Subramanian, vide, impugned order dated 15.03.2016. Therefore, the petitioner is before this Court with the aforesaid prayer.
3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner as well as second respondent mutually agreed to have the matter settled in the pending suit in O.S.No.52 of 2012 on the file of the District Munsif cum Judicial Magistrate's Court, Thirumayam.
4.Recording the same, the writ petition is disposed of, leaving it open to the petitioner as well as second respondent, to agitate the matter before the District Munsif cum Judicial Magistrate's Court, Thirumayam, in the pending suit in O.S.No.52 of 2012. It is also directed that status-quo to be maintained till the disposal of the said suit. No costs. Consequently, connected Miscellaneous Petition is closed.
To The District Revenue Officer, Pudukottai.
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Title

Sivakamiammal vs The District Revenue Officer

Court

Madras High Court

JudgmentDate
23 November, 2017