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Madras High CourtWP/7432/2018disposed of with direction

K.Govindaraj, v. The District Collector,

2025-09-04Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.18862, 18863 & 9228 & 9231 of 2018 W.P.No.7432 of 2018 1.K.Govindaraj 2.S.Srinivasan 3.A.Ravikumar 4.S.Palani ... Petitioners Vs 1.The District Collector, 2.The District Revenue Officer, 3.Special Tahsildar (A), 4.Gnanasekaran 5.Lakshmi 6.Gowri ammal 7.Vedaiappan ... Respondents 1/6

PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus call for the records relating to the order made in Pa.Mu.19572/17/J1 dated 05.03.2018 signed on 07.03.2018 and served on the 1st petitioner on 13.03.2018 by the 2nd Respondent quash the same and consequently direct the 2nd Respondent to quash the alleged assignment of land comprised in S.No.361/2as S.No.361/2 to 361/7 dated 27.05.1980 by the 3rd respondent and correspondingly withdraw the sub-divisions and FMB map drawn by the competent authority and delete the name of the assignees and issue patta in the name of the petitioners in respect of the properties comprised in S.No.361/2, (S.No.361/2 to 361/7) Chowtahalli Village, Krishnagiri District in terms of the sale deed dated 30.11.1918 registered as Doc.No.

2830/1918 on the file of present Joint Registrar II, Krishnagiri District forthwith. W.P.No.15862 of 2018 K.Govindaraj ... Petitioner Vs 1.The District Revenue Officer, 2.Revenue Divisional Officer, 3.Lakshmi ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus call for the records relating to the order made in M.C.No.540/2017/C dated 24.03.2018 by the 2nd Respondent quash the same and consequently direct the respondents to refrain from interfering with peaceful possession of the petitioner in properties comprised in S.No.361/2, (S.No.

District in terms of the sale deed dated 30.11.1918 registered as Doc.No.2830/1918 on the file of present Joint Registrar II, Krishnagiri District forthwith.

For Petitioner (in both petitions) : Mr.G.Ethirajulu For Respondents (in W.P.No.7432 of 2018) : Mr.S.Balamurugan, Government Advocate for RR-1 to 3 : Mr.T.Panchatsaram for RR-4 to 7 For Respondents (in W.P.No.15862 of 2018) : Mr.S.Balamurugan, Government Advocate for RR-1 & 2 : Mr.T.Panchatsaram for R-3 C O M M O N

O R D E R

Challenging the order rejecting the grant of patta, the petitioners are before this Court.

2. Since separate court fee has been paid by the petitioners,W.M.P.No.9228 of 2018 has been filed by the petitioners seeking to permit the petitioners to file a single Writ Petition is ordered as prayed for. 3/6

3. Learned counsel for the respondents submit that for the very same relief, the petitioner has already approached the Civil Court in O.S.No.195 of 2023 and the same is pending. Hence, the petitioner may proceed with the said suit and cannot ride two horses for the same relief.

4. Learned counsel for the petitioners does not dispute the pendency of the Suit before the civil court.

5. In light of the above, without interfering with the impugned order and without going into the merits of the case, the petitioner is permitted to continue with the civil proceedings pending in O.S.No. 195 of 2023 and file amended applications, if so desires, seeking reliefs, including cancellation of patta and change of patta. The period before this Court shall be excluded for the purpose of limitation.

6. These Writ Petitions are disposed with liberty as above. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 04.09.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs To 1.The District Collector, 4/6

2.The District Revenue Officer, 3.Special Tahsildar (A), Krishnagiri District.1.The District Revenue Officer, 4.Revenue Divisional Officer, 5/6

M.DHANDAPANI, J Nhs and W.M.P.Nos.18862, 18863 & 9229 to 9231 of 2018 04.09.2025 6/6