Madras High CourtWP/15102/2018closed

S.Rani Selvaraj (Deceased), v. The Special Tahsildar

2025-09-08Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.17860, 17861 and 17862 of 2018 1.S.Rani Selvaraj (Died) 2.S.Gajendran 3.Chitra 4.Indira (P2 to P4 are substituted as LRs of deceased first petitioner as per order dated 08.09.2025 in WMP.38526/2025 in WP.15102/2018 by MDIJ) ... Petitioners Vs.

1 The Special Tahsildar (Town Settlement), Tahsildar Office Pallavaram, Kancheepuram District.

2 Chinnammal 3 Selvi 4 Govindaraju 5 Mohana 6 Selvam 7 Gomathy 8 Aruljothi 9 Vinodhkannan 10 Prema 11 Abishek 12 Sanjay 13 Selvam 1/4

14 Venkatesan 15 Raju 16 Devaki 17 Murugesan 18 Lalitha 19 Santhi 20 Sukumar 21 Mathi ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records and quash the order dated .12.2017 signed on 24th November, 2017, passed in Rc. No.18/ 2017 on the file of the 1st respondent.

For Petitioner : Mr.P.Krishnan For Respondents : Mrs.S.Anitha for R1 Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari calling for the records and quash the order dated .12.2017 signed on 24th November, 2017, passed in Rc. No.18/ 2017 on the file of the 1st respondent.

2.The learned counsel appearing for the petitioner submitted that the first petitioner had filed the writ petition challenging the patta 2/4

issued in the name of the private respondents. The learned counsel further submitted that already the private respondents have filed suit in O.S.No.65 of 2023 on the file of the District Munsif Court, Pallavaram and the same is pending. Hence, this Court may, without going into the merits of the case, grant liberty to the petitioners 2 to 4/ legal heirs of the first petitioner to file fresh suit and may observe that the impugned order is subject to the result of the suit in O.S.No.65 of 2023 on the file of the District Munsif Court, Pallavaram. 3.

Considering the limited relief now sought for by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case and without interfering with the impugned order, grants liberty to the petitioners 2 to 4/ legal heirs of the first petitioner to file fresh suit for declaration and consequential relief or to file counter claim in the suit pending in O.S.No.65 of 2023 on the file of the District Munsif Court, Pallavaram. The order passed by the first respondent dated .12.2017 signed on 24th November, 2017, in Rc. No.18/ 2017 is subject to the result of the suit in O.S.No.65 of 2023 on the file of the District Munsif Court, Pallavaram.

M.DHANDAPANI,J.

pri 4.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 08.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The Special Tahsildar (Town Settlement), Tahsildar Office Pallavaram, Kancheepuram District.

And W.M.P.Nos.17860, 17861 and 17862 of 2018 08.09.2025 4/4