Margaret Mary v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Margaret Mary ...

Petitioner versus 1.The District Collector, Office of the District Collector, Dharmapuri - 1.

2.The Revenue Divisional Officer, Dharmapuri, Collectorate, Dharmapuri - 1.

3.The Tahsildar, Palacode Taluk, Palacode, Dharmapuri - 636 808.

4.Francis ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 2 and 3 herein from mutating the UDR patta over S.No.15/22, standing in the name of the petitioner's deceased husband Maria Susai, in pursuant to the enquiry initiated by the second respondent over the representation alleged given by 1/4

the fourth respondent on 24.07.2023, pending adjudication of title in O.S.No.136 of 2023 on the file of the District Munsif, Palacode. For Petitioner :

Mr.R.Selvakumar For Respondent Nos.1 to 3 :

Mr.A.Selvendran Special Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the respondents 2 and 3 from changing the UDR patta standing in the name of the petitioner's deceased husband viz. Maria Susai, in pursuant to the enquiry initiated by the second respondent over the representation given by the fourth respondent on 24.07.2023, pending adjudication of title in O.S.No.136 of 2023 on the file of the learned District Munsif, Palacode.

3.

Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

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4.

According to the petitioner, the respondents 2 and 3 are trying to transfer the patta in favour of the fourth respondent in respect of which a suit is also pending in O.S.No.136 of 2023 on the file of the learned District Munsif, Palacode, wherein the fourth respondent has also made as a defendant.

5.

Considering the dispute over the immovable property in respect of which a suit is also pending, let the parties wait for the outcome of the civil suit. Based on the result of the civil suit, the orders could be passed by the Revenue Authorities.

6.

With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 03.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

N.SATHISH KUMAR , J.

sri To 1.The District Collector, Office of the District Collector, Dharmapuri - 1.

2.The Revenue Divisional Officer, Dharmapuri, Collectorate, Dharmapuri - 1.

3.The Tahsildar, Palacode Taluk, Palacode, Dharmapuri - 636 808.

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