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Madras High CourtWP/33334/2013disposed of

S.Palanimuthu v. The District Collector

2020-08-12Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.33334 of 2013 S.Palanimuthu ... Petitioner Vs.

1.The District Collector, Perambalur.

2.The Tahsildar, Veppanthattai Taluk, Perambalur District.

... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 07.10.2013 for issuance of patta.

For Petitioner : Mr.K.Murugesan For Respondents: Mrs.K.Bhuvaneswari, Additional Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 07.10.2013 seeking for issuance of patta.

2.Mr.K.Murugesan, learned counsel appearing for the petitioner submitted that one Velayudham and others have filed a Civil Suit in O.S.No.64 of 2014 on the file of the District Munsif Court, Perambalur for declaration and for other reliefs, which was subsequently transferred to the file of the District Munsif cum Judicial Magistrate, Veppanthattai and the said suit is pending. The learned counsel appearing for the petitioner submitted that in view of the pendency of the suit in respect of the land in question, the present Writ Petition may be closed and liberty may be given to the petitioner to renew the application, after the issue involved in the Civil Suit is decided finally.

3.Mrs.K.Bhuvaneswari, learned Additional Government Pleader appearing for the respondents submitted that such liberty can be given to the petitioner.

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4.Having regard to the submissions made by the learned counsel on either side, since the Civil Suit is pending between the petitioner and other private parties in respect of the land in question, the present Writ Petition seeking for issuance of patta cannot be granted. Therefore, the Writ Petition is closed. However, it is open to the petitioner to give a fresh representation after a final decision in the civil dispute between the parties. No costs.

Sd/- Assistant Registrar(CO MDU) //True copy// Sub Assistant Registrar va To 1.The District Collector, Perambalur.

2.The Tahsildar, Veppanthattai Taluk, Perambalur District.

+1cc to Government Pleader SR.No.26706 W.P.No.33334 of 2013 SKS(CO) GMY(21/08/2020) https://hcservices.ecourts.gov.in/hcservices/