Maruthamuthu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM Maruthamuthu ... Petitioner Vs.
1.The District Collector, Perambalur District, Perambalur.
2.The Revenue Divisional Officer, Revenue Divisional Officer, Alathur Taluk, Perambalur District.
3.The Tahsildar, Alathur Taluk Office, Alathur, Perambalur District.
4.The Revenue Inspector, Chettikulam Village, Alathur Taluk, Perambalur District.
5.Karnan 6.Dharmaraj
7.Selvaraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to complete the enquiry in the Appeal proceedings in Oo.Mu.No.(A2)2179/2023 dated 05.04.2023 and pass final orders on merits, after hearing the respondents 5 to 7, within a time stipulated by this Court. For Petitioner : Mr.P.M.Vishnuvarthanan For R1 to R4 : Mr.D.Ravichander Special Government Pleader
O R D E R
The relief sought for in the present writ petition is to direct the 2nd respondent to complete the enquiry in the Appeal proceedings in Oo.Mu.No.(A2)2179/2023 dated 05.04.2023 and pass final orders on merits, after hearing the respondents 5 to 7, within a time stipulated by this Court. 2.It is not in dispute between the parties that a civil suit instituted in O.S.No.352 of 2008 on the file of the District Munsif Court, Perambalur, is pending. During the pendency of the suit, the Revenue authorities may not
be in a position to issue patta, cancel the patta, or mutate the Revenue records. All such actions are to be initiated only after the crystallization of the civil rights between the parties. If any Revenue authority effects changes in the Revenue records during the pendency of the civil suit, then either of the parties will be prejudiced. Even under the Tamil Nadu Patta Passbook Act, 1983, pendency of the suit is a bar for conducting an enquiry for grant of patta or otherwise. Thus, the writ petitioner is at liberty to submit an application after disposal of the civil dispute between the parties. 3.With these observations, the writ petition stands dismissed. No costs.
10.07.2023 mkn Index : Yes Speaking order / Nonspeaking order
S.M. SUBRAMANIAM, J.
mkn To 1.The District Collector, Perambalur District, Perambalur.
2.The Revenue Divisional Officer, Revenue Divisional Officer, Alathur Taluk, Perambalur District.
3.The Tahsildar, Alathur Taluk Office, Alathur, Perambalur District.
4.The Revenue Inspector, Chettikulam Village, Alathur Taluk, Perambalur District.
10.07.2023