B.Basavaraj v. The Sub-Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA B.Basavaraj

...Petitioner

Vs.

1. The Sub-Collector, Hosur, Krishnagiri District

2. The Tahsildar, Denkanikottai Taluk, Krishnagiri District

3. The District Revenue Officer, Krishnagiri, Krishnagiri District

4. Krishnappa

5. Padma

6. K.Chandrasekar Padma

7. K.Mohan Kumar Padma

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st and the 2nd respondents not to make any mutation in the revenue records in view of the impugned in Pa.Mu.3030/2024/B2 dated 30.09.2024 in 1/5

Keelamangalam Village, Survey No. 147/6 an extent of 0.015.5 theervai 0.07 until the appeal is disposed from the 3rd respondent. For Petitioner :

Mr.R.Subramaniyan For Respondents :

Mr.A.Selvendran 1 to 3 Special Government Pleader

O R D E R

The petitioner, who had already moved the authorities by way of an appeal, seeks an interim order by invoking the jurisdiction under Article 226 of the constitution of India, without approaching the authorities before whom the appeal is pending for the said relief.

2. The petitioner's contention is that, despite the pendency of a civil suit in O.S.No.366 of 2024 before the Additional District Judge, Hosur, wherein the respondents 4 to 7 herein have already filed their written statement and counter, the 1st respondent has granted patta on an application filed by the 7th respondent. Challenging the same, the petitioner has filed an appeal to the 3rd respondent on 18.10.2024. The petitioner would submit that, during the pendency of the appeal, the respondents 4 to 7 were attempting to mutate the revenue records and 2/5

change the patta. Therefore, the petitioner has invoked the jurisdiction of this Court to issue a mandamus to the respondents not to mutate the revenue records or change the patta till the disposal of the appeal. 3.

Heard the learned counsels on either side.

4.

Even according to the petitioner, a civil suit and an appeal are pending. Without seeking interim orders before the Civil Court or before the authorities concerned before whom the appeal is pending, the petitioner has straightaway filed this writ petition. Therefore, this Writ petition is dismissed. It is open to the petitioner to move before the appropriate forum, if so advised. No costs. 06.12.2024 Index : Yes/No Internet : Yes/No srn To,

1. The Sub-Collector, Hosur, 3/5

Krishnagiri District

2. The Tahsildar, Denkanikottai Taluk, Krishnagiri District

3. The District Revenue Officer, Krishnagiri, Krishnagiri District 4/5

P.T. ASHA, J, srn 06.12.2024 5/5