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Madras High CourtWP/34265/2023disposed of

A.Devanbu v. The District Collector

2023-12-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.34157 to 34159 of 2023 1.A.Devanbu 2.Sathyadoss E ... Petitioners versus 1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Chengalpattu, Chengalpattu District.

3.The Revenue Divisional Officer, Tambaram, Chengalpattu District.

4.The Tahsildar, Tambaram, Chengalpattu District.

5.P.Durai 6.P.Thirumalai 7.V.Clemant Elango .....Respondents Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent in his proceedings in Na.Ka.No.13595/2023/A4, dated 17.11.2023 and the consequential order of the 4th respondent, vide No. 2023/35/05/0017975D, dated 22.11.2023 and quash the same and direct the 4th respondent to restore the Patta stands in the name of the petitioners in respect of their property situated at in S.F.No.148/5A to an extent of 0.15 1⁄2 cents of land out of 0.64 cents of land situated at Seliyur Village, Tambaram Taluk, Chengalpattu District, within the time frame as fixed by this Court. For Petitioners :

Mr.M.Elumalai For Respondents :

Mr.V.Veluchamy Additional Government Pleader for R1 to R4

O R D E R

Mr.V.Veluchamy, learned Additional Government Pleader accepts notice for the respondents. Since no adverse order is being passed as against respondents 5 to 7, notice to those respondents is dispensed with.

2. This Writ Petition has been filed to quash the proceedings of the second respondent, vide Na.Ka.No.13595/2023/A4, dated 17.11.2023 and consequential order of the fourth respondent, vide No.2023/35/05/ Pg.Nos.2/5

0017975D, dated 22.11.2023 and consequently to direct the fourth respondent to restore the Patta stands in the name of the petitioners in respect of their property comprised in S.F.No.148/5A measuring an extent of 0.15 1⁄2 cents out of 0.64 cents at Seliyur Village, Tambaram Taluk, Chengalpattu District, within the time frame as fixed by this Court.

3. Heard both sides and perused the materials available on record.

4. It is seen from the records, since the petitioners as well as the private respondents have already approached the Civil Court and Civil Suits are pending, during the pendency of the Civil Suits, if any orders are passed by the Revenue authorities, the same will not bind the Civil Court, and therefore, the petitioners are at liberty to work out their remedy before the Civil Court in the manner known to law.

5. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected W.M.P.Nos.34158 and 34159 of 2023 are closed.

6. W.M.P.No.34157 of 2023 is ordered on payment of separate Court Pg.Nos.3/5

fees by each of the petitioners.

13.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Chengalpattu, Chengalpattu District.

3.The Revenue Divisional Officer, Tambaram, Chengalpattu District.

4.The Tahsildar, Tambaram, Chengalpattu District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 13.12.2023 Pg.Nos.5/5