AMMAPILLAI Vs. DISTRICT COLLECTOR,COLLECTORATE BUILDINGS,MADURAI DISTRICT

JUDGEMENT

(1.) The petitioners have filed the present Writ Petition to issue a Writ of Mandamus, directing the respondents to issue patta in favour of the petitioners for the land comprised in Survey Nos.30/18G, 38/2, 39/11B, 43/1A, 43/1B, 43/3B, 43/7A, 43/9B, 43/13C, 44/7, 44/9, 47/3A, 26/11B, 27/171AB, 94/11B, 94/13B, 44/1, 44/8, 47/3C and 56/4E of Parapathi Village, Thirupparankundram Taluk, Madurai District within the time stipulated by this Court.

(2.) According to the petitioners, the properties situated in the aforesaid survey numbers of Parapathi Village, Thirupparankundram Taluk, Madurai District originally belongs to the petitioners' uncle Valaguru Konar, who died intestate on 15.01.1988 without any issues and the petitioners became the legal heirs of the said Valaguru Konar, who are the children of Valaguru Konar's brother Mahalinga Konar in view of the Judgment and Decree passed in O.S.No.21 of 2010 by the Principal District Munsif, Madurai. In view of the said Judgment and Decree, the third respondent issued legal heir certificate in favour of the petitioners and the petitioners have applied to the third respondent to issue patta in their favour for the above said lands. Since the patta transfer application was not considered by the authorities, the petitioners filed a Writ Petition in W.P(MD)No.13831 of 2010 and this Court, by order dated 22.11.2010, directed the third respondent to complete the enquiry and to pass appropriate orders. Since the said order has not been complied with by the authorities, the petitioners filed a Contempt Petition in Cont.P(MD)No.371 of 2011 and in the contempt proceedings, the petitioners were informed by the authorities that one Pitchai Ammal and Perumal have filed a suit in O.S.No.48 of 2010 before the District Munsif, Madurai to declare that they are the legal heirs of the said Valaguru Konar and by Judgment and Decree, dated 30.09.2010, the said Pitchai Ammal and Perumal were declared as the legal heirs of the deceased Valagurukonar. Hence, the petitioners have filed a suit in O.S.No.287 of 2013 before the Principal District Court, Madurai to cancel the Judgment and Decree passed in favour of Pitchai Ammal and Perumal in O.S.No.48 of 2010 and the same was allowed in their favour of 10.04.2015. Further, the petitioners have filed a suit for declaration that they are the absolute owners of the properties belongs to Valaguru Konar as his legal heirs and for permanent injunction restraining Pitchai Ammal and Perumal not to interfere with the peaceful possession and enjoyment of the properties in O.S.No.296 of 2015 before the District Munsif, Thirumangalam and the same was allowed in their favour on 15.06.2017. After rectifying all the encumbrances over the properties, the petitioners have applied through online for patta transfer on 10.05.2018. Since no action has been taken, the petitioners again sent another representation dated 11.09.2018 to the respondents. So far no action has been taken on the side of the respondents, the petitioner has filed the present Writ Petition.

(3.) Mr.S.Selvakumar, learned counsel representing for the Intervenor / K.Perumal submitted that he has filed an application to implead K.Perumal as a party in the aforesaid Writ Petition. According to the Intervenor, five suits have been filed and in some of the suits, ex-parte decree has been passed and at present, one suit viz., O.S.No.365 of 2016 is pending on the file of the District Munsif Court, Thirumangalam. Therefore, the learned counsel for the Intervenor strongly objected for considering the petitioners' application.