Nikkilragav v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Nikkilragav Petitioner(s) Vs

1. The Revenue Divisional officer Namakkal Taluk and District 2.The Tahsildar Rasipuram Taluk, Namakkal district 3.T.K.Duraisamy 4.D.Vijyabaskaran 5.K.V.P.Senthikumar Respondent(s) PRAYER forbearing the respondents 1 and 2 from transferring the patta or issuing patta in favour of the 5th respondent or any other from the name of the respondents 3 to 4 in respect of the subject property is situated at Thengalpalayam Village, Rasipuram Taluk in Survey No. 23/1B , 20/1 23/3 C, 40/2D until the partition suit is adjudicated by the competent Civil court in OS No. 319 of 2025 is pending before the Principal District Judge at Namakkal and within a reasonable time.

For Petitioner(s):

Mr.S.Varanesh For Respondent(s):

Mr.R.P.Murugan Raja Govt Advocate For R1 and R2 ND/W - R3 to R5-Pvt

ORDER

This writ petition has been filed to forbear respondents 1 and 2 from transferring the patta or issuing patta in favour of the fifth respondent for the property, morefully described in the prayer to this writ petition. 2.The petitioner claims that since the partition suit in O.S. No.319 of 2025 is pending between the parties, i.e. the petitioner and the private respondents, during the pendency of the partition suit, the official respondents cannot issue patta in favour of the fifth respondent for the property, disclosed in the prayer to this writ petition.

3.The petitioner's grievance is that despite raising objections, the official respondents are now attempting to issue patta in favour of the fifth respondent. Necessarily, the official respondents will have to consider the objections of the petitioner in view of the said fact that a partition suit is pending between the disputing parties.

4.Mr.R.P.Murugan Raja, learned Government Advocate, accepts notice on behalf of respondents 1 and 2. Since no adverse order is being passed against the private respondents in this writ petition, notice to respondents 3 to 5 is dispensed with by this Court.

5.This Court is not expressing any opinion on the merits of the contentions of the petitioner as well as respondents 3 to 5. 6.Therefore, this court is of the considered view that before taking a final decision on the fifth respondent's application seeking for transfer of patta in his name for the property, morefully disclosed in the prayer to this writ petition, the petitioner's objections will have to be considered by the official respondents. 7.For the foregoing reasons, this writ petition is disposed of by directing respondents 1 and 2 to consider the petitioner's objections as raised in this writ petition i.e. the pendency of the partition suit in O.S. No.319 of 2025 on the file of the Principal District Judge, Namakkal and only thereafter pass final orders on the application filed by the private respondents seeking for transfer of patta or issuing fresh patta for the property, morefully described in the prayer to this writ petition, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

16-02-2026 vga To 1.the Revenue Divisional officer Namakkal Taluk and District 2.The Tahsildar Rasipuram Taluk, Namakkal district

ABDUL QUDDHOSE J.

vga 16-02-2026