Jeevanantham.P v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.910 of 2021 P.Jeevanantham .. Petitioner Vs 1.The District Registrar, District Registration Office, Velu Nachiyar Valagam Dindigul, 2.The Joint Registrar II, Joint Registration Office II, .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider and pass an orders on the petitioner's representation dated 24.12.2020.

For Petitioner : Mr.V.Illanchezian For Respondents : Mr.M.Murugan Government Advocate

ORDER

According to the petitioner, the land in S.Nos.82/3, 83/3, 85/2 and 96/1 situated at Thoothanuthu Village, Dindigul East Taluk, Dindigul District, is his ancestral property and the patta was given in the name of his father as a joint patta. During the UDR scheme, the names of some persons were included and the said land was also subdivided subsequently. While inclusion of the names, the petitioner's father's name was removed during the UDR scheme. 2.On 07.06.2016, the petitioner gave a representation to the District Revenue Officer, Dindigul, to rectify the error made in the UDR scheme and to issue patta in the name of the petitioner and other legal heirs of his father, late.Pitchai. However, the District Revenue Officer, Dindigul did not pass any orders for more than 5 years and therefore, the petitioner filed a writ petition in W.P.

(MD) No.10032 of 2020. After the filing of the writ petition, the District Revenue Officer, Dindigul, passed final orders in his proceedings dated 26.08.2020, rejecting the claim of the petitioner. As against that, the petitioner filed another writ petition in W.P. (MD) No.12974 of 2020 and the same is pending for finalization before this Court.

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3.According to the petitioner, while the writ petition is pending before this Court, the rival claimants were attempting to alienate the property to third parties and also attempted to register the documents for alienation. Therefore, the petitioner has come up with the present writ petition seeking a direction to dispose of the representation, dated 24.12.2020 submitted in regard to the subject matter.

4.From the above narrative, it could be seen that the petitioner has already approached this Court in W.P.(MD) No.12974 of 2020, against the proceedings of the District Revenue Officer, Dindigul, rejecting his claim and the said writ petition is admittedly pending before this Court. While the writ petition is pending before this Court, this Court finds that there is absolutely no necessity for the petitioner to come up with this second writ petition seeking a direction from this Court to dispose of the representation, dated 24.12.2020.

5.This Court is of the considered view that any subsequent adverse action, which is contemplated or initiated by the third parties, it is always open to the petitioner to approach this Court in the pending writ petition and to workout his remedies. It is certainly not open to the petitioner to file another writ petition as such attempt of the petitioner would only, needlessly, multiple the litigations before this Court in regard to the same dispute as between the parties.

6.Accordingly, this Court is of the view that this Writ Petition has been needlessly filed without any subsequent orders and subsequent cause of action and hence, the same cannot be entertained and therefore, it stands dismissed. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The District Registrar, District Registration Office, Velu Nachiyar Valagam Dindigul, 2/3

2.The Joint Registrar II, Joint Registration Office II, +1 CC to SPL GP ( SR-2050[F] dated 25/01/2021 ) 21.01.2021 VB (10.02.2021) 3P 4C 3/3