Poomathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.26065 of 2024 Poomathi ... Petitioner vs.

1.The District Collector, Tiruppur District, Tiruppur.

2.The Tahsildhar, Udumalaipet Taluk, Udumalaipet.

3.C.Selvaraj 4.C.Ravi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 and 2 to consider the representation of the Petitioner dated 24.06.2024 and consequently forebear the 2nd Respondent from changing the Revenue Records including the Corelation Register pertaining to S.No.30/1C (Old S.No.30/A), Aamandakadavu Village, Udumalaipet Taluk till the disposal of the civil suits pending between the Petitioner and Respondents 3 and 4. 1/6

For Petitioner : Mr.M.Sivavarthanan For R1and R2 : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 and 2 to consider her representation dated 24.06.2024 and consequently, to forbear the 2nd respondent from changing the revenue records including Correlation Register pertains to S.No.30/1C (Old S.No.30/A), Aamandakadavu Village, Udumalaipet Taluk.

2. It is the case of the petitioner that the above mentioned property has been in her possession and enjoyment and in respect of portion of the above said property, the petitioner filed O.S.No.400 of 2022 on the file of the Sub Court, Udumalaipet seeking declaration and recovery of possession in respect of 70 cents described as 'B' schedule in the suit. She also sought for permanent injunction in respect of remaining 70 cents described as 'A' schedule in the suit. The said suit is pending.

3. Likewise, the respondents 3 and 4 also filed a suit in O.S.No.27 of 2/6

2023 on the file of the Additional District Court, Udumalaipet seeking declaration of their title over the property and for injunction against the petitioner. They also sought for cancellation of Release Deed executed in favour of the petitioner dated 25.04.2022.

4. In the circumstances, the petitioner submitted a representation dated 24.06.2024 before the 2nd respondent mentioning the pendency of the civil suit with regard to the title dispute and requesting him not to change in the revenue records. The said representation has not been considered by the 2nd respondent. Therefore, the petitioner has come by way of this writ petition.

5. Mr.P.Sathish, learned Additional Government Pleader, who is taking notice for the respondents 1 and 2 would submit that the representation of the petitioner dated 24.06.2024 will be considered on its own merit by the 2nd respondent within the time fixed by this Court.

6. In view of the submission made by the learned Additional 3/6

Government Pleader appearing for the respondents 1 and 2, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 24.06.2024 and pass final orders, within a period of six weeks from the date of receipt of a copy of this order by taking into consideration the pendency of the civil suits before the Court of Competent Jurisdiction.

7. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is clsoed. 21.08.2024 Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Collector, Tiruppur District, Tiruppur.

2.The Tahsildhar, Udumalaipet Taluk, Udumalaipet.

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S.SOUNTHAR, J.

dm 21.08.2024 6/6