S.Jayanthi v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.490 of 2015 and M.P.No.1 of 2015 S. Jayanthi ... Petitioner .vs.

1. The District Revnue Officer, Namakkal District, Namakkal.

2. The Tahsildhar, O/o. The Tahsildhar Office, Tiruchengode Taluk, Tiruchengode, Namakkal District.

3. V. Subramani ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, forbearing the 2nd respondent from including the name of the 3rd respondent in the revenue records of the schedule mentioned property pending O.S.No.99/2012, on the file of District Munsif Court, Tiruchengode, Namakkal District and without conducting proper enquiry after serving proper notice to the petitioner. For Petitioner : Mr.D.Balachandran For Respondents: Ms.A.Madhumathi Special Government Pleader - for R1 & R2 Mr.M.Karthik for Mr.I.C.Vasudevan - for R3

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, forbearing the 2nd respondent from including the name of the 3rd respondent in the revenue records of the property pending the Civil Suit in O.S.No.99/2012, on the file of District Munsif Court, Tiruchengode, Namakkal District and without conducting proper enquiry after serving proper notice to the petitioner.

2. The apprehension of the petitioner is that the 2nd respondent might alter the revenue records by including the name of the 3rd respondent during the pendency of the Civil Suit in O.S.No.99/2012.

3. Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents submitted that the 2nd respondent shall not alter the revenue records by including the name of the 3rd respondent during the pendency of the Civil Suit and any mutation of the records, will be effected only after the disposal of the Civil proceedings.

4. Mr.M.Karthik, learned counsel appearing for the 3rd respondent also submitted that the submissions made by the learned Special Government Pleader may be recorded and the Writ Petition may be closed.

5. Having regard to the submissions made by the learned Special Government Pleader, appearing for the respondents 1 and 2 to the effect that the 2nd respondent shall not mutate the revenue records during the pendency of the Civil proceedings, the Writ Petition stands closed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Revnue Officer, Namakkal District, Namakkal.

2. The Tahsildhar, O/o. The Tahsildhar Office, Tiruchengode Taluk, Tiruchengode, Namakkal District.

+1cc to the Government Pleader, Sr.No.29090 W.P.No.490 of 2015 and M.P.No.1 of 2015 mg (co) rr ii (16/09/2020)