Madras High CourtWP/10992/2023dismissed

A.Vinoth v. The Inspector General Of Registration

2023-08-18Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.Vinoth ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The Deputy Inspector General, Department of Registration, No.50, Sankara Naidu Street, Thirupapuliyur, Cuddalore - 607 002.

3.The District Registrar (Administration), Office of the District Registrar, Kallakurichi.

4.The Sub-Registrar, Office of the Sub-Registrar, Thiyagadurugam, Kallakurichi Main Road, Thiyagadurgam, Kallakurichi - 606 206.

5.The Revenue Divisional Officer, R.D.O Office, Kallakurichi, Kallakurichi District.

6.The Tahsildar, O/.o the Tahsildar, Kallakurichi Taluk, Kallakurichi District.

7.Village Administrative Officer, Village Administration Office, Prithivimangalam / Periyampattu Village, Kallakurichi District.

8.Dharman ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 5th respondent to pass final orders on the representation dated 08.03.2013 given by the petitioner and now registered as Na.Ka.A4/1337/2013 on the file of the 5th respondent. For Petitioner : Mr.A.P.Balaji For R1 to R7 : Mr.C.Jayaprakash, Government Advocate For R8 : Mr.V.Manohar for Mr.T.Balachandren

O R D E R

The relief sought for in the present Writ Petition is to direct the 5th respondent / Revenue Divisional Officer to pass final orders on the representation dated 08.03.2013.

2. The petitioner submitted a representation for making alterations in the revenue records. Since the authorities have not initiated any action, the petitioner is constrained to move the present Writ Petition.

3. The learned counsel appearing on behalf of the 8th respondent brought to the notice of this Court that a Civil Suit instituted by the father of the writ petitioner in O.S.No.632 of 2001, which is pending. The said Suit was subsequently transferred and re-numbered as O.S.No.27 of 2021, now pending on the file of the Principal District Court, Dindivanam. During the pendency of the Civil Suit, the revenue authorities may not be in a position to effect changes in the revenue records. Even under the provisions of the Tamil Nadu Patta Passbook Act, 1983, during the existence of civil dispute between the parties and when the Suit is pending, the revenue authorities cannot entertain an application for effecting changes in the revenue records.

4. This being the factum, the petitioner is at liberty to submit an application after disposal of the Civil Suit and reaching finality. In the event of submitting any such application, after resolving the civil dispute, the authorities competent shall entertain the same and pass appropriate orders.

5. With these observations, the Writ Petition stands dismissed. No costs.

18.08.2023 skr Index : Yes Speaking order To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.