Madras High CourtWP/6700/2024dismissed

N.Renuka v. The District Collector

2024-03-13Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN N.Renuka ... Petitioner Vs.

1. The District Collector Krishnagiri District, Krishnagiri

2. The Revenue Divisional Officer Hosur, Krishnagiri District

3. The Tahsildar Shoolagiri Taluk, Shoolagiri Krishnagiri District

4. Loganathan

5. Sumathi

6. Yasothamma

7. Ravi

8. Lalithamma

9. Jaya Amma 10.Dhanalakshmi 11.Sivakumar 12.Manjula 1/6

13.Nagapushanam 14.Priyanka ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider and pass order on merits by disposing the written representation made by the petitioner on 03.02.2024, within a stipulated time. For Petitioner : Mr.C.Prakasam For R1 to R3 : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 2nd respondent to consider and pass order on merits, by disposing the written representation made by the petitioner on 03.02.2024, within a stipulated time.

2. The case of the petitioner is that the petitioner's father owned an ancestral property and after the demise of his father, the petitioner requested his mother, brother and sister to give his share in the said property by way of partition, whereas, they tried to alienate the said 2/6

property without the knowledge of the petitioner. Hence, the petitioner filed a suit in O.S.No.347/2022 for partition and the same is pending. While so, they attempted to remove the name of the petitioner from the revenue records and in the legal heir certificate and also made arrangement to include third party names in the Patta, with the help of revenue officials. Hence, the petitioner made written representations before the respondents on 05.09.2022, 04.05.2023 and 03.02.2024 requesting not to remove the petitioner's name and to remove unknown persons names who are not the legal heirs of the petitioner's father Narayanan, in the joint Patta No.2860. However, so far, no order has been passed. Hence, the present Writ Petition is filed.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents 1 to 3. Since no adverse order is being passed, notice to the respondents 4 to 14 is dispensed with. 3/6

4. It is seen that already a civil suit, filed by the petitioner in respect of the subject property, is pending. Therefore, pending suit, what ever the order passed by the revenue authorities, the same will not bind them. Therefore, this Court is not inclined to entertain this Writ Petition. The petitioner can work out is remedy in the pending Civil Suit.

5. Accordingly, this Writ petition is dismissed. No costs. 13.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 4/6

1. The District Collector Krishnagiri District, Krishnagiri

2. The Revenue Divisional Officer Hosur, Krishnagiri District

3. The Tahsildar Shoolagiri Taluk, Shoolagiri Krishnagiri District 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.6700 of 2024 13.03.2024 6/6