Madras High CourtWP(MD)/315/2021disposed of

Ravi.P v. The District Collector,

2024-01-24Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.315 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.315 of 2021 AND W.M.P.(MD)Nos.243, 244 & 7476 of 2021 P.Ravi ... Petitioner Vs.

1. The District Collector, Madurai District, Collectorate Campus, Madurai - 625 020.

2. The Tahsildar, Vadipatti Taluk, Taluk Office, Vadipatti, Madurai District.

3. M.Karthikeyan

4. S.Uma Maheswari ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to call for the records of the Patta transfer and Sub Division proceedings in 2019/0105/24/133246-2019/24/14/00020 2SD-11-07-2019 in Patta No.1862 with the 2nd respondent pertaining to the punja land in S. No.114/1B1B measuring an extent of 0.1.85 ares (4 1⁄2 cents) situated at Thathampatti Village, Vadipatti Taluk, Madurai Distirct and to quash the same.

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2 W.P.(MD)NO.315 OF 2021 For Petitioner : Mr.S.Chandrasekaran For R-1 & R-2 : Mr.S.Kameshwaran, Government Advocate.

For R-3 : Mr.P.R.Prithiviraj For R-4 : Mr.R.Saravanakumar * * *

O R D E R

Heard both sides.

2. The petitioner is aggrieved by the deletion of his name and substitution by the fourth respondent in the patta. It is seen that the fourth respondent had purchased the petition-mentioned property from the third respondent. The writ petitioner had filed O.S.No.147 of 2010 on the file of the District Munsif Court, Vadipatti, against the third respondent and his mother and the suit was dismissed for default. The petitioner failed to have the same restored. One more IA appears to have been filed for condoning the delay in filing the restoration petition.

3. Therefore, when the suit filed by the petitioner against the third respondent had been dismissed, the question of interfering with the impugned order does not arise at all. I however make it clear that the rights of the private respondents herein will abide by the eventual 2/4

3 W.P.(MD)NO.315 OF 2021 outcome of the suit filed by the petitioner. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

24.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Madurai District, Collectorate Campus, Madurai - 625 020.

2. The Tahsildar, Vadipatti Taluk, Taluk Office, Vadipatti, Madurai District.

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4 W.P.(MD)NO.315 OF 2021 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.315 of 2021 24.01.2024 4/4