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Madras High CourtWP/33562/2019disposed of

Krishnan v. The District Collector,

2025-07-16Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Krishnan ... Petitioner Vs.

1. The District Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Ranipet, Vellore District.

3. The Tahsildar, Arcot Taluk, Vellore District.

4. The Commissioner, Arcot Municipality, Vellore District.

5. Sri Karpaga Vinayagar Temple, Rep. by its President N.Balasundaram, S/o.Natesan, No.7/49, Dresser Thottam Street, Arcot, Vellore District.

6. N.Dhanush ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 to 3 to grant patta in the name of the petitioner in respect of the land admeasuring 199.50 sq.ft, measuring from east to west 19 feet, north to south 10.5 feet, comprised in Old Survey No.304. T.S.No.29, 14th Block, Ward No.B, Thoppukana Thiruvengadam Street (Arni Road), situated in Arcot Town and Taluk, Vellore District, bounded East by Arni Road, West by vacant land, North by passage to Temple, South by shop belonging to Selvam, son of Munirathinam.

For Petitioner :

Mr.R.Rajarajan For Respondents :

Mr.A.Selvendran Spl. Govt. Pleader for R1 to R3

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 to 3 to grant patta in the name of petitioner in respect of the property comprised in Old Survey No.304. T.S.No.29 measuring an extent of 199.50 sq.ft situated at Arcot Town and Taluk, Vellore District

2. Since no adverse order is going to be passed, notice to respondents 5 & 6 is dispensed with.

3. It is submitted by learned counsel for petitioner that prior to the filing of the present writ petition, a suit has been filed in O.S.No.19 of 2018 on the file of District Munsif-cum-Judicial magistrate, Arcot in respect of the subject property praying for a permanent injunction and as a matter of fact, there is an interim injunction which is operating.

4. Mr.A.Selvendran,learned Special Government appearing on behalf of respondents 1 to 3 would submit that during the pendency of the suit in which interim injunction has been granted, patta cannot be issued and hence, petitioner may be directed to approach the concerned authority for appropriate relief.

5. After submitting for a brief while, learned counsel for petitioner would seek leave of this Court to approach the appropriate authority after disposal of the suit.

6. Accordingly, this Writ Petition stands disposed of by giving liberty to petitioner to approach the appropriate authority after disposal of the suit, to work out his remedy in the manner known to law. However, there shall be no order as to costs.

16.07.2025 (1/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Ranipet, Vellore District.

3. The Tahsildar, Arcot Taluk, Vellore District.

4. The Commissioner, Arcot Municipality, Vellore District.

5. The President, Sri Karpaga Vinayagar Temple, No.7/49, Dresser Thottam Street, Arcot, Vellore District.

MOHAMMED SHAFFIQ, J.

vji 16.07.2025 (1/2)