S. Suresh v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.12 of 2014 and M.P.No. 2 of 2014 S.Suresh

...Petitioner

Vs.

1.The District Revenue Officer Perambalur.

2.The Revenue Divisional Officer Perambalur.

3.The Tahsildar Perambalur.

4.G.Ravichandran 5.Tmt.Maheswari ... Respondents Prayer Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the entire records of the impugned proceedings issued by the first respondent in his proceedings No.Na.Ka.A2/10080, dated 22.11.2013, confirming the order of the second respondent, issued in his proceedings Mu.Mu.A4/8282/2012, dated 12.04.2013 and the order of the third respondent issued in his proceedings Na.Ka.A.2/3416/2012, dated 12.12.2012 quash the same and consequently, direct the respondents 1 to 3 to restore the name of the petitioner in the revenue records, and in patta No.1537, 1538 in respect of Survey No.257/4E, 257/4C and 257/4D in Siruvachur Revenue Village, Perambalur Taluk and District. For Petitioner : Mr.T.Sella Pandian For Respondents: Mr.M.Elumalai Government Advocate [For R1 to R3] Mr.A.Muthukumar [For R5] No appearance [For R4]

O R D E R

The proceedings of the Tahsildar, Perambalur and the District Revenue Officer, Perambalur are under challenge in this writ petition.

2.The learned counsel appearing on behalf of the writ petitioner, Mr.T.Sella Pandian, states that in respect of the very same property, a first appeal in A.S.No.6 of 2017 is pending before the Subordinate Court at Perambalur. 3.The learned counsel appearing on behalf of 5th respondent states that some other civil proceedings are also pending in respect of the property, which is in question in this writ petition.

4.May that it be, the respective parties agreed that various civil proceedings are pending before the competent civil court. The proceedings under the Patta Passbook Act cannot be entertained during the pendency of the civil litigation before the competent court of law. Appropriate revenue entries can be made only after the complete adjudication in respect of the title or otherwise.

5.Under these circumstances, this court cannot entertain the writ petition under Article 226 of the Constitution of India. When the title is disputed by the parties concerned, no further adjudication needs to be undertaken in respect of the grounds raised in this writ petition.

6.Thus, this writ petition stands dismissed. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar maya

To 1.The District Revenue Officer Perambalur.

2.The Revenue Divisional Officer Perambalur.

3.The Tahsildar Perambalur.

+1 CC to Mr.A. Muthukumar, Advocate sr 29226. +1 CC to Govt. Pleader sr 30338.

W.P.No. 12 of 2014 SG(CO) SP(14/05/2018)