R. Ravindran v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Ravindran ... Appellant/Writ Petitioner vs.

1.The District Collector, Office of the District Collector, Theni District, Theni.

2.The Jamabanthi Officer, BC, MBC & Minorities Welfare Officer, Theni Taluk, Theni.

3.The Tahsildar, Theni Taluk, Theni.

4.The Zonal Deputy Tahsildar, O/o.Theni Taluk Office, Theni.

... Respondents/Respondents 1/6

PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 09.10.2023 made in W.P(MD)No.24375 of 2023 on the file of this Court.

For Appellant : Mr.A.Haja Mohideen For Respondents : Mr.M.Sarangan Additional Government Pleader For Intervenor : Mr.P.R.Prithiviraj

JUDGMENT

(Judgment of the Court was delivered by J. NISHA BANU, J.) The present Writ Appeal is directed against the order passed by the Writ Court dated 09.10.2023 made in W.P(MD)No.24375 of 2023. 2.The appellant/writ petitioner has filed the Writ Petition challenging the order passed by the third respondent dated 23.08.2023, wherein the third respondent refused to delete the name of the petitioner's deceased father late.Thiyagi.P.B.Ramasamy Naidu, who died on 03.12.2011 in Patta No.1611 for the subject property situated in Koduvilarpatti Village, Theni Taluk, Theni District.

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3.The Writ Court, after considering all the materials available on record, dismissed the Writ Petition stating that without the civil Court finalizing the issue, the question of making any further change in the revenue record does not arise. Challenging the same, the writ petitioner as appellant has preferred the present Writ Appeal.

4.Heard the learned counsel appearing on either side and perused the materials available on record.

5.The case of the petitioner is that the name of the father Thiyagi.P.B.Ramasamy Naidu should be deleted from Patta No.1611, but the authority took the stand that since the civil suit is pending, the issue cannot be decided. Admittedly, the said Ramasamy Naidu is no more and that based on the Will executed by him, the only relief sought for by the appellant is for deleting the name of their deceased father. The said P.B.Ramasamy Naidu had four sons and five daughters. It appears that while the property had been bequeathed only in favour of the sons and the daughters have been excluded, the daughters have 3/6

raised dispute before the civil Court and the suits are pending. Without the civil Court finalizing the issue, the question of making any further change in the revenue record does not arise. The writ Court has rightly dismissed the Writ Petition.

6.In view of the above, we do not find any illegality or irregularity in the order passed by the Writ Court. Accordingly, this Writ Appeal is dismissed. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 13.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Office of the District Collector, Theni District, Theni.

2.The Jamabanthi Officer, BC, MBC & Minorities Welfare Officer, Theni Taluk, Theni.

3.The Tahsildar, Theni Taluk, Theni.

4.The Zonal Deputy Tahsildar, O/o.Theni Taluk Office, Theni.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 13.03.2025 6/6