Madras High CourtWP/47937/2025disposed of

Venkatesan v. The District Collector

2025-12-11Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025 Coram The Honourable Mr.Justice Abdul Quddhose W.P.No.47937 of 2025 VENKATESAN .. Petitioner Vs.

1 THE DISTRICT COLLECTOR OFFICE OF COLLECTORATE KALLAKURICHI DISTRICT 2 THE RVENUE DIVISIONAL OFFICER OFFICE OF REVENUE DIVISION KALLAKURICHI DISTRICT.

3 THE TAHSILDAR CHINNASALEM AND TALUK, KALLAKURICHI DISTRICT. 4 PAVUNAMBAL 5 ARUL 6 SUGANTHI 7 MAHALAKSHMI 8 PONNUSAMY

...Respondents

Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider petitioner's representation dated 14.10.2025 and not change patta to the 4th to 8th respondents or any other person name in bearing survey No 265/5B1 Chinnasalem (North) village pending disposal of the suit in O.s. no 98 of 2024 on the file of the Principal Sub Court, Kallakurichi.

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For Petitioner : Mr.V.Sukumar For Respondents 1 to 3 : Mr.C.Jayaprakash Government Advocate For Respondents 4 to 8 : Notice Dispensed With Order This Writ Petition is filed seeking for issuance of a mandamus to the respondents not to change patta for the property (morefully described in the prayer to this Writ Petition) to the respondents 4 to 8 based on the petitioner's representation dated 14.10.2025.

2. The petitioner filed a suit in O.S.No.98 of 2024 on the file of the Principal Sub Court, Kallakurichi, seeking for a declaration to declare that the petitioner is the owner of the property (morefully described in the prayer to this Writ Petition) pending disposal of the said suit. The petitioner's apprehension is that respondents 4 to 8 may get patta transferred in their names for the property ((morefully described in the prayer to this Writ Petition). The petitioner has given a representation dated 14.10.2025 to the Official respondents, viz., respondents 1 to 3 to forebear them from changing patta for the property (morefully described in the prayer to this Writ Petition) in their favour. Since the said representation has not been considered, the petitioner has filed this Writ Petition.

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3. Mr.C.Jayaprakash, learned Government Advocate accepts notice for respondents 1 to 3 and he would submit that since the Civil Suit is pending, the Writ Petition cannot be entertained by this Court. So far as respondents 4 to 8 are concerned, since, no adverse orders are passed against them, notice to them is dispensed with.

4. Admittedly, the representation dated 14.10.2025 given by the petitioner is yet to be considered by the respondents 1 to 3. As no final order has been passed based on the said representation, no prejudice would be caused to the respondents 4 to 8, if the petitioner's representation is considered on merits and in accordance with law, after hearing the objections of respondents 4 to 8. This Court is not expressing any opinion on the merits of the representation made by the petitioner.

5. For the foregoing reasons, this Court directs the respondent No.3 to pass final orders on merits and in accordance with law on the petitioner's representation dated 14.10.2025, which has been given for the purpose, (referred to supra) within a period of twelve weeks from the date of receipt 3/5

of a copy of this order, after hearing the private respondents, viz., respondents 4 to 8 as well as any other third party, whom, the third respondent deems fit to enquire.

6. With the aforesaid direction, this Writ Petition is disposed of. No costs.

11.12.2025 sd Index : yes/no To 1 THE DISTRICT COLLECTOR OFFICE OF COLLECTORATE KALLAKURICHI DISTRICT 2 THE RVENUE DIVISIONAL OFFICER OFFICE OF REVENUE DIVISION KALLAKURICHI DISTRICT.

3 THE TAHSILDAR CHINNASALEM AND TALUK, KALLAKURICHI DISTRICT 4/5

Abdul Quddhose,J., sd W.P.No.47937 of 2025 11.12.2025 5/5