S.Karthikeyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:18.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.4652 of 2019 S.Karthikeyan ... Petitioner Vs 1.The District Collector Namakkal District Namakkal-637 001.
2.The District Revenue Officer Namakkal District Namakkal -637 001.
3.The Revenue Divisional Officer Tiruchengode-637 211 Namakkal District.
4.The Tahsildar Tiruchengode Taluk Tiruchengode-637 211 Namakkal District 5.Revathy 6.Sudhamathi ... Respondents 1/6
Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the 3rd respondent from effecting changes in the Village and Taluk Accounts such as Chitta, adangal etc. with respect to the natham land measuring 0.0682.0 sq.m. comprised in Natham S.No.584/13, Emapalli Village, Tiruchengode Taluk, Namakkal District till the rival claims of title over the said land put forward by the petitioner and the respondents 5 and 6 herein are finally decided by the Civil Court. For Petitioner : Mr.M.Tamil Thendral Arasu For Respondents : Mr.T.M.Rajangam, Government Advocate for RR-1 to 4 : Mr.Manikandan for Mr.R.Marudhachalamurthy for RR-5 & 6
O R D E R
This Writ Petition has been filed seeking to forbearing the 3rd respondent from effecting changes in the revenue records till the title over the subject property is decided by the civil court.
2. It is the case of the petitioner that, originally, natham land comprised in Old.S.No.279/1(New S.No.584/13) measuring to an extent of about 3 cents was assigned to the petitioner's grand father. After the demise his grandfather, the petitioner's parents were in possession and enjoyment of the aforesaid property. 2/6
While so, the 5th respondent had obtained patta in respect of the above property by order dated 08.09.2006 which is alleged to have been passed by the natham Special Tahsildar, Tiruchengode. Subsequently, vide order dated 16.11.2012, the 3rd respondent herein after conducting enquiry, had cancelled the entries made in the revenue records in respect of the 5th respondent as well as the petitioner's mother and ordered removal of their names from the revenue records and directed both of them to establish their title before the Civil Court.
3. Pursuant there to, the 5th and 6th respondents had filed a suit in O.S.No.2 of 2013 on the file of the Additional District Munsif Court, Tiruchengode against the respondents 1, 3 & 4 seeking declaration of the order dated 16.11.2012 passed by the 3rd respondent in which, an ex-parte decree was passed on 21.09.2017 against which, the petitioner had filed an appeal before the Sub Court, Tiruchengode along with I.A.116 of 2018 to condone the delay in filing in the appeal. Pending the appeal, the respondents 5 & 6 once again approached the 3rd respondent for mutation of revenue records on the basis of the ex-parte decree based on which, the 3rd respondent is taking steps for mutation of revenue records in favour of the 5th and 6th respondent despite the petitioner having raised his objections for the same. Aggrieved, by which, the petitioner has come up with the present Writ Petition seeking the aforesaid relief. 3/6
4. Learned counsel appearing for the petitioner submitted that the 3rd respondent ought not to have conducted enquiry on the petition filed by the respondents 5 & 5 so as to include their names in the revenue records on the basis of the ex-parte judgement and decree passed in O.S.No.2 of 2013 when the petitioner had filed the appeal as against the said judgement and therefore, this Court may restrain the 3rd respondent from proceeding with mutation of revenue records in favour of the 5th and 6th respondent.
5. Per Contra, learned counsel appearing for respondents 5 & 6 submitted that, when the appeal has already been filed against the judgement and decree, filing of Writ Petition before this Court is not sustainable. Accordingly, the prayer sought for in this Writ Petition cannot be acceded to.
6. Heard the learned counsel appearing on either side and perused the materials available on record.
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7. It is seen from the records that, as against the judgement and decree passed in O.S.No.2 of 2013 on the file of the Additional District Munsif Court, Tiruchengode, the petitioner has already preferred appeal. However, during the pendency of the said appeal, the petitioner has approached this Court by way of the present Writ Petition. When the petitioner has availed and exhausted the appellate remedy, he cannot simultaneously invoke the Writ Jurisdiction. Hence, the petitioner may proceed with the said appeal and cannot ride two horses for the same relief and hence, the prayer sought for in this Writ Petition cannot be acceded to.
8. With the above observation, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
18.09.2025 (2/2) Index : Yes / No Speaking Order / Non-speaking order Nhs 5/6
M.DHANDAPANI, J Nhs To 1.The District Collector Namakkal District Namakkal-637 001.
2.The District Revenue Officer Namakkal District Namakkal -637 001.
3.The Revenue Divisional Officer Tiruchengode-637 211 Namakkal District.
4.The Tahsildar Tiruchengode Taluk Tiruchengode-637 211 Namakkal District.
and W.M.P.No.4652 of 2019 18.09.2025 (2/2) 6/6