Chittrarasan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.4459 of 2025 and W.M.P(MD)No.3202 of 2025 Chittrarasan ... Petitioner .Vs.

1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, Theni District, Theni.

3.The Revenue Divisional Officer, Periyakulam Revenue Division, Periyakulam, Theni District.

4.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

5.Ganesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution 1/7

of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the third respondent order in Na.Ka.No.9024/2023/A1,dated 11.3.2024 and the confirmation order passed by the second respondent in Na.Ka.No.9901/2024/D5, dated 6.1.2025 and quash the same and consequently direct the fourth respondent to made proper entry in S.No.319/17.

For Petitioner : Mr.S.M.Anantha Murugan For Respondents :Mr.A.Baskaran 1 to 4 Addl.Govt. Pleader For Respondent-5 :Mr.R.Rajamohan

O R D E R

The Writ Petition is filed challenging the order passed by the second respondent affirming the order passed by the third respondent cancelling the patta issued in favour of the Petitioner's wife Uma in respect of the property situate at S.No.319/17, Thenkarai Bit-I Village, Periyakulam Taluk, Theni District. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is the case of the Petitioner that his wife Uma purchased 2/7

the subject property under registered sale deed, dated 23.5.2015. Subsequently, she executed a settlement deed on 10.1.2023 settling the subject property in favour of the Petitioner. Patta for the subject property stand in the name of Uma in Patta No.8409. It is the further case of the Petitioner that the fifth respondent purchased in S.No.319/18 under registered sale deed, dated 7.7.2021. The fifth respondent submitted an application before the third respondent seeking cancellation of the patta issued in the name of the Petitioner's wife and for issuance of patta in his name. The said application was allowed by cancelling the patta issued in the name of Petitioner's wife. Aggrieved by the same, the Petitioner herein filed a revision before the second respondent.

The said revision was dismissed by confirming the order passed by the third respondent. Challenging the said order, the Petitioner has come before this Court with the present Writ Petition. 4.The learned counsel for the Petitioner would submit that the fifth respondent has not purchased any property in S.No. 319/17 and without appreciating the title documents of the fifth respondent, the respondents 2 and 3 erroneously held that the fifth respondent purchased the property covered by S.No.

fifth respondent.

5.It is seen from the typed set of papers that in respect of the dispute between the Petitioner and fifth respondent, a civil suit is already pending in O.S.No.162/2024, on the file of Sub Court, Periyakulam. In the said suit, the Petitioner herein sought for declaration of his title and injunction. Therefore, the title dispute between the Petitioner and fifth respondent is pending in a civil suit. The revenue authorities have to act in accordance with the findings of the civil suit.

6.Therefore, both the Petitioner and fifth respondent are directed to work out their remedy in the pending civil litigation and approach the revenue authorities for mutation of revenue records based on the civil Court's findings. Till the disposal of the civil suit, the revenue authorities are directed to maintain status quo of the revenue records, as on today.

7.With these directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

27.06.2025 NCS : Yes/No Index : Yes / No 4/7

Internet : Yes / No vsn To 1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, Theni District, Theni.

3.The Revenue Divisional Officer, Periyakulam Revenue Division, Periyakulam, Theni District.

4.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

5/7

S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.4459 of 2025 and W.M.P(MD)No.3202 of 2025 6/7

27.06.2025 7/7