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Madras High CourtWP/28872/2023dismissed

Padmavathi v. The District Collector

2023-10-05Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Padmavathi ... Petitioner versus 1.The District Collector, Coimbatore, Coimbatore District.

2.The Revenue Divisional Officer, Pollachi, Coimbatore District.

3.The Tahsildar, Kinathukadavu, Coimbatore District.

4.K.Govindaraj 5.Selvakumar 6.Nagarathinam 7.Jayalakshmi 8.Rajamani 9.Radhamani 10.Prasanth

...Respondents

Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing respondents 2 and 3 to consider the petitioner's representation dated 19.07.2023 for restoration of patta pertaining to the property in Survey No.529/1A/529/2D,521/2,522/2 situated at Andipalayam Village, Kinathukadavu (TK), Coimbatore District in the name of Krishnasamy Naidu, till the disposal of the suit in O.S.No.310 of 2020 on the file of the District Judge, Coimbatore. For Petitioner : Mr.K.Myilsamy For Respondent : Mrs.N.Senthil Sai Government Advocate for R1 to R3

O R D E R

The petitioner seeks for a mandamus directing the second and third respondents to consider the petitioner's representation dated 19.07.2023, wherein and whereby she sought for restoration of patta pertaining to the property in Survey No.529/1A/529/2D,521/2,522/2 situated at Andipalayam Village, Kinathukadavu (TK), Coimbatore District in the name of Krishnasamy Naidu, till the disposal of the suit in O.S.No.310 of 2020 on the file of the District Judge, Coimbatore.

2. Heard the learned counsel for the petitioner and the learned Pg.Nos.2/5

Government Advocate for respondents 1 to 3 and perused the materials available on record.

3. On reading of the representation and the records, it appears that, the suit in O.S.No.310 of 2020 pending before the District Judge, Coimbatore. Since it is a case of civil dispute, no positive direction can be issued by this Court as prayed for by the petitioner. Accordingly, this writ petition is dismissed with liberty to the petitioner to workout her remedies in the manner known to law. There shall be no order as to costs. 05.10.2023 Speaking/Non-speaking order Index:Yes/No ms Pg.Nos.3/5

To 1.The District Collector, Coimbatore, Coimbatore District.

2.The Revenue Divisional Officer, Pollachi, Coimbatore.

3.The Tahsildar, Kinathukadavu, Coimbatore District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 05.10.2023 Pg.Nos.5/5