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V.Jeyapandi v. V.Jeyakumar

2025-08-08Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)Nos.11990, 11992 and 11993 of 2025 V.Jeyapandi ... Appellant Vs.

1.V.Jeyakumar 2.The District Collector, Madurai District.

3.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

4.The Tahsildar, Thirumangalam Taluk, Madurai District.

5.The Zonal Deputy Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondents 1/6

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.23562 of 2024 dated 04.10.2024 on the file of this Court. For Appellant : Mr.G.Sakthi Rao For Respondents : Mr.K.R.Laxman for R1 Mr.N.Satheeshkumar, Addl. Government Pleader for R2 to R5.

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.Jeyakumar, S/o.Velu Samban obtained an order in his favour from the Tahsildar, Thirumangalam vide order dated 04.10.2023. Challenging the same, the appellant herein filed W.P.(MD)No.24582 of 2023. An interim stay was granted by one us (GRSJ) on 10.10.2023. In the said writ petition, Jeyakumar entered appearance on 05.12.2023. The appellant herein through legal notice had intimated about the grant of 2/6

interim order also. Whileso, suppressing the same, Jeyakumar filed W.P.(MD)No.23562 of 2024 for effecting mutation of patta on the strength of the order earlier passed. The learned Single Judge allowed the writ petition vide order dated 04.10.2024. Challenging the same, this writ appeal has been filed.

3.Jeyakumar is guilty of two counts: (a) Suppression of the interim stay granted in W.P.(MD)No.24582 of 2023. (b) Not impleading the appellant herein.

4.Since these two aspects were not brought to the notice of the learned Single Judge, the order dated 04.10.2023 made in W.P.(MD)No.23562 of 2024 is set aside and the writ appeal is allowed. We however make it clear that the outcome of these proceedings will not be taken advantage by the appellant herein when W.P.(MD)No.24582 of 2023 is prosecuted. W.P.(MD)No.24582 of 2023 has to be dealt with on its own merits and in accordance with law. We make it clear that we have not gone into the merits of the rival claims of the parties. 3/6

5.With the aforesaid observations, the writ appeal is allowed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (K.R.S. J.,) 08.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Thirumangalam Taluk, Madurai District.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

4.The Zonal Deputy Tahsildar, Thirumangalam Taluk, Madurai District.

4/6

5/6

G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 08.08.2025 6/6