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Madras High CourtWP/3928/2017dismissed

Mr.A.Mohammed Mubarak v. The District Revenue Officer

2022-11-23Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.4017 & 4018 of 2017 1.A.Mohammed Mubarak 2.N.Radha Narasimhan 3.R.Sasikala Rajamanikam 4.R.Sathyanarayanan 5.C.Parameshwari 6.L.Padmavathy 7.K.Kumar 8.M.Sundaramurthy 9.N.Gandeeban 10.R.Balamurugan 11.V.Revathi 12.S.Karthikeyan 13.J.Alli 14.P.Krishnamurthy 15.M.Sugantha 16.T.Sridhar 17.D.Narayanamsamy 18.D.Ramakrishnan .. Petitioners

Versus

1.The District Revenue Officer Kancheepuram District Kancheepuram - 631 501 2.The Revenue Divisional Officer Tambaram Division Tambaram Chennai - 600 045 1/5

3.The Tahsildar O/o. the Tahsildar Sholinganallur Taluk Chennai - 600 119 4.The Revenue Inspector O/o.the Revenue Inspector Pallikaranai Chennai - 600 100 5.The Village Administrative Officer O/o.the Village Administrative Officer Pallikaranai Chennai - 600 100 6.The Deputy Inspector (Land Survey) O/o. the Tahsildar Sholinganallur Taluk Chennai - 600 119 7.The Surveyor - Pallikaranai O/o. the Tahsildar Sholinganallur Taluk Chennai - 600 119 8.S.N.Sundaram 9.D.Karpagam 10.A.Chandravathy 11.Sundari Raj Kumar 12.D.Vasanthi 13.D.Thilagavathy 14.R.Jaganathan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Na.Ka.2736/2010/Aa1 dated 09.12.

2016 of the 3rd respondent and quash the same insofar as the petitioners are concerned and to consequently direct the respondents 1 to 7 not to mutate the revenue records like Patta, Chitta, Adangal etc.

OS.No.3053 of 2022, on the file of the XVII Assistant Judge, City Civil Court, Chennai.

For Petitioner : Mr.R.Gopi for M/s.Mcgan Law Firm For Respondents : Mr.U.Baranidharan for R1 & R7 Additional Government Pleader Mr.I.Abrar Mohammed Abdulla for R8 to R14

ORDER

This writ petition is filed challenging the impugned proceedings in Na.Ka.2736/2010/Aa1 dated 09.12.2016 passed by the 3rd respondent, quash the same insofar as the petitioners are concerned and consequently direct the respondents 1 to 7 not to mutate the revenue records like Patta, Chitta, Adangal etc., from the name of the petitioners to any other person's name, pending adjudication of the suit in OS.No.3053 of 2022, on the file of the XVII Assistant Judge, City Civil Court, Chennai.

2. The learned counsel for the petitioner submitted that this Court may grant liberty to the petitioners to work out their remedy before the competent Civil Court without influencing by the observations made in the impugned order.

3. Heard both sides and perused the materials placed on record. 3/5

Recording the submissions of the learned counsel for the petitioner, this writ petition stands dismissed granting liberty to the petitioners to work out their remedy before the competent Civil Court and the concerned Civil Court shall pass order(s) on its own merits without influence of the impugned Order and the present impugned order is subject to the result of the above suit. Liberty is granted to the succeeding party to make a fresh application for mutation of revenue records. No costs. Consequently, connected miscellaneous petitions are closed.

23.11.2022 dhk Index:Yes/No To 1.The District Revenue Officer Kancheepuram District Kancheepuram - 631 501 2.The Revenue Divisional Officer Tambaram Division Tambaram Chennai - 600 045 3.The Tahsildar O/o. the Tahsildar Sholinganallur Taluk Chennai - 600 119 4/5

M.DHANDAPANI, J.

dhk W.P.No.3928 of 2017 23.11.2022 5/5