Dr.Hemalatha v. The District Revenue Officer
2025:MHC:2203
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-07-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No. 20676 of 2020 Dr.Hemalatha Petitioner(s) Vs 1.The District Revenue Officer Office of District Collector Coimbatore.
2.The Sub Collector / Revenue Divisional Officer Coimbatore North Revenue Division Thudiyalur, Coimbatore.
3.The Tahsildar Coimbatore North Taluk Balasundaram Road Coimbatore.
4.The Village Administrative Officer Kalapatti East Coimbatore District.
5.Ramdas (Deceased) 6.S.Sivaraman 7.S.P.Duraisamy 8.Dhanyalakshmi 9.Chithra 10.Lalithambigai 11.Muruganandam 12.M.Ravi 13.P. Thirumoorthy 14.Jothiammal 15.Subramaniyam 16.Marappan 17.Mr.R.V.Harikrishnan, S/o.Late.Ramadas, Rep. By His Power of Attorney Agent Mr.O.Radhakrishnan, NGO Colony Post, Coimbatore 641 022.
(R17-substituted as LRs of Deceased R5, As Per Order Dated 18.03.2025 in WMP.No.9782/2025 in WP.No.16682/2020) Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the 1st Respondent from deciding the cancellation of patta proceedings in Na.Ka.10104/2020/E1 02.09.2020 pertaining to the property situate at Survey No.751/3B, Kalapatti Village Coimbatore measuring about 18 cents pending the suit in OS.No.481/2018, on
the file of V Additional District and Sessions Judge, Coimbatore. For Petitioner(s):
Mr.Ramesh Venkatachalapathy For Respondent(s):
Mr.A.Selvendran SGP For R1 to R4 Mr. N.Ponraj and Undertakes to file Vakalat For R17 Mr.A.Prabhakaran For R7 Mr.M.Guruprasad For R14 Mr.R.Prabakar For R16 R5-died
ORDER
The present writ petition has been filed praying for a writ of mandamus to st respondent from deciding on the cancellation of patta proceedings in restrain 1 Na.Ka.10104/2020/E1 dated 02.09.2020, pertaining to the property situated at Survey No.751/3B, Kalapatti Village, Coimbatore measuring about 18 cents, pending suit in OS.No.481/2018, on the file of V Additional District and Sessions Judge, Coimbatore.
2. It is submitted by the learned counsel for petitioner that the decree obtained in O.S.No.1831 of 2009 is not valid and binding on the petitioner. th respondent cannot claim any right, title or interest over the Therefore, 5 property based on the decree dated 15.10.2009 in O.S.No.1831 of 2009, which th respondent has filed a is alleged to be collusive and fraudulent. However, the 5 suit in O.S.No.481 of 2018, pending on the file of V Additional District and Sessions Court, Coimbatore based on the alleged Sale Deed dated 28.03.2008 seeking for a declaration. Hence, prayed to interfere with the same.
3. The learned Special Government Pleader appearing on behalf of the respondents 1 to 4 would submit that in view of Rule 4(4) of the Tamil Nadu Patta Pass Book Rules, 1987, during the pendency of the Civil Suit between the parties, they do not intend to proceed further with the proceedings. That in terms of said Rule, respondents are precluded from taking any further action in the matter till the civil suit is disposed of by the Competent Civil Court of Law.
4. Recording the same, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 16-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni
To 1.The District Revenue Officer Office of District Collector Coimbatore 2.The Sub Collector / Revenue Divisional officer Coimbatore North revenue Division Thudiyalur Coimbatore 3.The Tahsildar Coimbatore North taluk Balasundaram Road Coimbatore 4.The Village Administrative officer Kalapatti Est Coimbatore District
MOHAMMED SHAFFIQ J.
Jeni 16-07-2025