NAINA MOHAMED Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Mr.M.Karuppasamy, learned Government Advocate takes notice on behalf of the respondents.

(2.) By consent of the both parties this writ petition is taken up for final disposal at the stage of admission itself.

(3.) According to the petitioner, the petitioner and his mother and brother have filed a suit in O.S.No.64 of 1984 on the file of the Subordinate Court, Ramanathapuram at Madurai against the Government of Tamil Nadu through the District Collector, Ramanathapuram, the Tahsildar, Paramakudi Taluk, Paramakudi, the Commissioner of Paramakudi Municipality and few private parties praying for a decree of declaration of title. The said suit was decreed on 26.08.1987. The Commissioner of Paramakudi Municipality filed an appeal in A.S.No.1005 of 1989 before the Principal Seat of this Court challenging the aforesaid judgment and decree passed by the Subordinate Court, Ramanathapuram, dated 26.08.1987. Further, the District Collector, Ramanathapuram and the Tahsildar, Paramakudi Taluk, Paramakudi, have also filed an appeal in A.S.No.1044 of 1989 on the file of the Principal Seat of this Court against the aforesaid judgment and decree. Both appeals were allowed by the Principal Seat of this Court on 29.02001 and thereafter, the petitioner, his mother and his brother have preferred L.P.A.No.129 of 2001 before this Court and this Court set aside the judgment and decree passed by the Principal Seat of this Court in A.S.Nos.1005 and 1044 of 1989, dated 29.02001 and remanded the matter back to the trial Court with a direction to frame additional issues and granted liberty to let in further evidence. Thereafter, the aforesaid suit in O.S.No.64 of 1984 was transferred to the District Munsif Court, Paramakudi, due to change of pecuniary jurisdiction and territorial jurisdiction and the same was renumbered as O.S.No.101 of 2005. The learned District Munsif, Paramakudi, passed judgment and decree, on 29.11.2005 in favour of the plaintiffs and granted a decree of declaration and consequential decree of permanent injunction in respect of the subject matter. In the aforesaid suit, both the District Collector, Ramanathapuram, the Tahsildar, Paramakudi Taluk and the Commissioner of Paramakudi Municipality are the parties. The subject matter property is now comprised in Survey No.14, Town Survey No.36, Block No.9, Ward G in Kattuparamakudi, Paramakudi Town, Ramanathapuram District. The petitioner's mother also submitted an application before the Tahsildar, Paramakudi for granting patta for the subject property. Subsequently, she filed a petition in W.P(MD).No.20313 of 2014 before this Court, directing the Tahsildar, Paramakudi to consider her representation and to issue patta for the aforesaid property and the same was disposed of by order dated 12.12.2014. Pursuant to the same, the Tahsildar, Parakudi, has sent reply on 21.01.2016 stating that he has no jurisdiction to issue patta and the same was forwarded to the District Revenue Officer, Ramanathapuram. But so far, no order has been passed.