P.Ramaiyan, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2013 P.Ramaiyan ... Petitioner Vs.

1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Tahsildar, Thanjavur Taluk, Thanjavur District.

3.Mahamayee ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned order in Na.Ka.No.22254/2012/Vu(2), dated 17.01.2013, passed by the 1st respondent and to quash the same. For Petitioner : Mr.G.Karnan For R1 and R2 : Mr.P.Thambidurai Government Advocate For R3 : Mr.M.R.S.Prabhu *****

ORDER

The present writ petition has been filed challenging an order 1/4

passed by the first respondent herein, under which the name of the writ petitioner was deleted and patta was issued in the name of the 3rd respondent.

2.According to the petitioner, he is the owner of survey no.264/35, for an extent of 87 cents said to have been purchased by him in the year 1987 from one Kaliamoorthy, who is the husband of the 3rd respondent herein. However, a perusal of the records indicates that the husband of the 3rd respondent disputes the said sale deed. The first respondent herein after considering the version of both the parties have arrived at a finding that the title stands with the 3rd respondent and has deleted the name of the writ petitioner and granted patta in favour of 3rd respondent. 3.The learned Counsel for petitioner brought to the notice of the Court that he has filed O.S.No.63 of 2013 on the file of District Munsif Court Thanjavur as against the 3rd respondent and one Panchavarnam for the same disputed property for the relief of declaration of title and permanent injunction. The said suit is pending. 4.In view of the pendency of the civil suit, this Court passes the 2/4

following order:

i.The impugned order in the writ petition is sustained. ii.After the disposal of the civil suit, the parties are at liberty to approach the revenue authorities for mutation of revenue records depending upon the outcome of civil suit.

5.With the above said observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.08.2022 Index :

Yes / No Internet :

Yes / No Tmg To 1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Tahsildar, Thanjavur Taluk, Thanjavur District.

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R.

VIJAYAKUMAR ,J.

Tmg Order made in Dated:

24.08.2022 4/4