Narayanappa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.10250 of 2023 Narayanappa S/o. Late. Pillanaboyan, Madiwalam Village, Nallur post, Hosur Taluk, Krishnagiri District.

Petitioner Vs

1. The District Collector Krishnagiri District, Krishnagiri.

2.The District Revenue Officer Krishnagiri District, Krishnagiri.

3.The Tahsildar, Taluk Office, Denkanikottai Taluk, Krishnangiri District.

4.MUNIYAMMAL W/o. Late. Venkatappaboyee, Door No. 4/495 , Bagalur Village And Post, Hosur Taluk, Krishnagiri District.

Respondent(s) 1/6

Prayer:

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to proceedings bearing ref. No.Mu.Mu.31419/2021/J2 dated 1.12.2021, quash the same and consequently, direct the 2nd respondent to implement the orders of this Honble Court dated 02.06.2020 passed in WP Nos.17454 and 16277 of 2017 and direct the 2nd respondent to restore the patta as it stood prior to the order of the 3rd respondent.

For Petitioner :

Mr.R.Eswaran For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 to R3 R4 - Batta not filed *****

O R D E R

This writ petition has been filed challenging the impugned proceedings of the first respondent dated 01.12.2021 and for a consequential direction to the second respondent to implement the order dated 02.06.2020 passed by this Court in W.P.No.17454 and 16277 of 2017 and direct the second respondent to restore the patta to its original position prior to the order passed by the third respondent.

2. Heard Mr.R.Eswaran, learned counsel for writ petitioner and Mr.A.Selvendran, learned Special Government Pleader for R1 to R3.

3. The petitioner had earlier approached this Court and filed W.P.No.17454 of 2017. The said writ petition was taken up along with W.P.No.16277 of 2017. The order passed in that writ petition dated 2/6

02.06.2020 deals with the dispute between the parties and for proper appreciation, it is extracted hereunder:

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4. Pursuant to the above order, the petitioner approached the first respondent and sought for transfer of patta and the first respondent through impugned proceedings dated 01.12.2021 rejected the claim made by the petitioner. Aggrieved by the same, the present writ petition has been filed.

5. In the considered view of this Court, the petitioner even in the earlier writ petition had sought for restoration of patta in his name with respect to the subject property. However, this Court, after dealing with the claim made by the petitioner, made it clear that the parties will agitate the dispute before the Civil Court and the order passed by the District Revenue Officer, Krishnagiri will not have any bearing in the case and the Civil Court will decide the case on its own merits and in accordance with law.

6. When the petitioner submitted the application before the first respondent, the first respondent has rightly relied upon the observation made in the earlier order at paragraph No.6 and directed the parties to 4/6

agitate the dispute before the Civil Court and based on the final judgment, to approach the revenue authorities. The first respondent was perfectly right in rejecting the claim made by the petitioner since the petitioner had already sought for such a relief in the earlier writ petition which was not granted by this Court. Therefore, when the civil suit is pending, there is no question of directing the respondents to restore the patta to its original position through a subsequent writ petition. The protection that was granted by this Court in the earlier order to the extent that the order passed by the District Revenue Officer will not have any bearing in the pending civil suit, sufficiently takes care of the grievance expressed by the petitioner.

In the result, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

09.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk 5/6

N.ANAND VENKATESH, J mk To

1. The District Collector Krishnagiri District, Krishnagiri.

2.The District Revenue Officer Krishnagiri District, Krishnagiri.

3.The Tahsildar, Taluk Office, Denkanikottai Taluk, Krishnangiri District.

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