Chinnammal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Chinnammal ... Petitioner Vs.

1.The Tahsildar Gangavalli Taluk Gangavalli Salem District 2.The Deputy Tahsildar Gangavalli Taluk Gangavalli Salem District 3.Perumal 4.Lakshmi 5.Pitchamuthu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by the 1/4

petitioner on 22.08.2024 within a stipulated time as this Court fixes. For Petitioner : Mr.C.Prakasam For Respondents : Mr.P.Sathish Addl. Government Pleader - R1 & R2

ORDER

This Writ Petition has been filed for the issue of writ of mandamus directing the 1st respondent to consider the objections submitted by the petitioner on 22.08.2024 wherein the private respondents were attempting to get the patta transferred in their names when a substantial suit was pending before the competent civil Court.

2.Heard Mr.C.Prakasam, learned counsel appearing on behalf of the petitioner and Mr.P.Satish, learned Additional Government Pleader appearing for the respondents 1 and 2.

3.The learned counsel for the petitioner submitted that the 4th respondent had earlier approached this Court and filed W.P.No.12789 of 2023 challenging 2/4

the order passed by the Tahsildar and for a direction to transfer the patta. This Court disposed of the writ petition by order dated 19.09.2023 observing that there is already a suit for partition pending in O.S.No.289 of 2020 and therefore, the inter se rights cannot be adjudicated by the revenue authority and therefore, this Court directed the parties to agitate the dispute before the civil Court and subject to the result in the Civil Court, the parties were directed to work out their remedy. The grievance of the petitioner is that inspite of the said order, efforts are now being made to transfer the patta.

4.The learned Additional Government Pleader appearing on behalf of respondents 1 and 2 submitted that this writ petition has been filed on mere apprehensions. It was submitted that the 1st respondent is not taking any steps for changing the patta or for mutation of the revenue records more particularly due to the earlier order passed in W.P.No.12789 of 2023 dated 19.09.2023. 5.In the light of the above submission, the grievance expressed by the petitioner has been sufficiently redressed and it is left open to the parties to agitate the dispute before the civil Court where the suit is pending. 3/4

N. ANAND VENKATESH, J.

kas 6.This writ petition is disposed of in the above terms. No costs. 05.02.2025 Index : Yes / No kas To.

1.The Tahsildar Gangavalli Taluk Gangavalli Salem District 2.The Deputy Tahsildar Gangavalli Taluk Gangavalli Salem District 4/4