Usha v. The Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.2567 of 2025 1.Usha 2.K.Ravi Manoharan 3.R.M.Jeyamurugan ... Petitioners vs.

1.The Collector, Collector Office, Dindigul, Dindigul District.

2.The District Revenue Officer, Dindigul Taluk, Dindigul District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Palani, Dindigul District.

4.The Tasildar, Taluk Office, Palani, Dindigul District.

5.The Sub Registrar, Sub Registrar Office, Palani, Dindigul District.

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6.A.Munavarulhak 7.A.Pajloor Raguman ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned order in Na.Ka.No.884781/2023/A6, dated 27.12.2024 passed by the second respondent with regard to property situated at S.No.129/5A, Sivagiripatty Village, Palani Taluk, Dindigul District and quash the same. For Petitioners : Mr.B.Rajesh Saravanan For Respondents : Mr.C.Satheesh Government Advocate for R1 to R5

ORDER

The writ petition has been filed challenging the impugned order passed by the second respondent on 27.12.2024.

2.Heard the learned counsel on either side.

3.The grievance of the petitioners is that when the authorities had consistently found that the disputes involved complicated questions of title which can be adjudicated only by a competent civil Court, the second respondent ought 2/6

not to have prohibited the petitioners from dealing with the properties pending a final decision from the competent civil Court. 4.I see no difficulty with regard to the findings of the second respondent that there is a serious dispute between the parties touching title to the subject lands and therefore, rightly, the revenue authorities cannot render any findings. However, having said so, the second respondent ought not to usurp the powers of the civil Court and direct that no documents be registered till such time, the issues are decided by the competent civil Court. Admittedly, as on date, there is no civil litigation pending and if at all, it is for the parties who may be aggrieved by any impending transfer or alienation to approach the competent civil Court and seek the relief of injunction.

Once the revenue authority, namely, the second respondent had found that the disputes of title existed and the parties have to approach the civil Court, the further direction prohibiting any further encumbrances was totally unwarranted and uncalled for. 5.

the competent civil Court. Accordingly, this Writ Petition is partly allowed by setting aside the portion prohibiting. No costs. Consequently, connected miscellaneous petition is closed.

10.02.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The Collector, Collector Office, Dindigul, Dindigul District.

2.The District Revenue Officer, Dindigul Taluk, Dindigul District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Palani, Dindigul District.

4.The Tasildar, Taluk Office, Palani, Dindigul District.

5.The Sub Registrar, Sub Registrar Office, Palani, Dindigul District.

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P.B.BALAJI , J.

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