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Madras High CourtWP/9163/2019disposed of with direction

P.Balasubramanian v. The District Collector

2025-09-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Balasubramanian

...Petitioner

Vs 1.The District Collector Cuddalore.

2.The District Revenue Officer Vridhachalam District.

Vridhachalam.

3.The Revenue Divisional Officer Vridhachalam 4.The Tahsildar Veppur Taluk Vridhachalam 5.Senthilkumar 6.Sangeetha ...

Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to forbear from modifying the patta and revenue records for the properties set out in the schedule to the petition and subject matter of A.S No.5 of 2019 on the file of

the Principal Sub Court, Vridhachalam as per the lawyer's notice dated 20.01.2019 and the representation of the writ petitioner dated 27.02.2019 pending the determination of the rights of parties in civil proceedings as per the petitioner's representation.

For Petitioner : M/s.R.Meenal For R1 to R4 : Mr.T.M.Rajangam Government Advocate For R5 & R6 : Mr.D.Shivakumaran

O R D E R

The petitioner has filed this writ petition, to issue a Writ of Mandamus, directing the respondents 1 to 4 to forbear from modifying the patta and revenue records for the properties set out in the schedule to the petition and subject matter of A.S No.5 of 2019 on the file of the Principal Sub Court, Vridhachalam as per the lawyer's notice dated 20.01.2019 and the representation of the writ petitioner dated 27.02.2019 pending the determination of the rights of parties in civil proceedings.

2. The case of the writ petitioner is that the petitioner had filed a suit in O.S No.10 of 2008 before the Principal District Munsif's Court, Vridhachalam for partition against the respondents 5 and 6. The suit was

dismissed, against which he preferred an appeal in A.S No.5 of 2009 before the Sub Court, Vridhachalam and the same is pending. The petitioner has a saw mill in one of the suit items. In order to harass the petitioner and to grab the properties, the respondents 5 and 6 have prevailed on the revenue authorities to transfer the patta to their names. The patta stands in the name of the father of the parties. The intention of these respondents is to prevent access to the petitioner to his sawmill. The petitioner has been making representations to the revenue authorities to desist from altering the patta under the revenue records pending disposal of the appeal as the right of parties has to be decided only in the civil court. As the revenue authorities have been threatening to measure and subdivide the properties, having no other effect alternative remedy, this writ petition has been filed with the above said prayer.

3. The learned counsel appearing for the petitioner would submit that the petitioner made a representation on 27.02.2019 and issued a lawyer's notice dated 20.01.2019 to the official respondents not to mutate the revenue records till the disposal of the appeal in A.S No.5 of 2019 pending on the file of the Sub Court, Vridhachalam. However, the learned counsel would submit that during the pendency of the writ petition, the first appellate Court remanded the matter to the trial Court for fresh disposal.

M.DHANDAPANI, J.

uma

4. In view of the above, liberty is granted to the parties who succeeds the suit before the trial Court, they shall file an application before the 4th respondent for mutation of the records as per the decree.

5. With the above observation, this writ petition stands disposed of . No costs.

11.09.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma 1.The District Collector Cuddalore.

2.The District Revenue Officer Vridhachalam District.

Vridhachalam.

3.The Revenue Divisional Officer Vridhachalam 4.The Tahsildar Veppur Taluk Vridhachalam