C.Parasuraman v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.13236 of 2015 and M.P.No.1 of 2015 C.Parasuraman ..

Petitioner vs The District Revenue Officer Perambalur, Perambalur District.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the respondent dated 27.03.2015 in Na.Ka.A2/3864/2015 and quash the same and consequently forbear the respondent from changing entries in Patta No.223 in respect of the land in Survey No.223/1 situated at Ammapalayam Village, Perambalur District. For Petitioner :

Mr.K.Selvaraj For Respondents :

Mr.Abhishek Moorthy Government Advocate

ORDER

The writ petition has been instituted challenging the order of the respondent dated 27.03.2015.

2. It is not in dispute that a civil litigation is pending between the

parties in O.S.No.165 of 2009 and in O.S.No.221 of 2009. When the civil suits are pending between the parties, the Revenue Authorities cannot consider the application for grant of patta, its cancellation or mutation of revenue records or otherwise. All such applications are to be submitted only after crystallizing the civil rights between the parties.

3. That being the factum, this Court does not find any infirmity in respect of the impugned order. However, after reaching finality in the civil litigation, either of the parties are at liberty to approach the competent Revenue Authority for the purpose of grant of patta or its cancellation or otherwise in the manner contemplated under the provisions of the Patta Passbook Act, 1980.

4. With this liberty, the writ petition is disposed of. There will be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 25.04.2023 drm To:

1. The District Revenue Officer Perambalur, Perambalur District.

S.M. SUBRAMANIAM, J.

drm 25.04.2023