Sabiullah v. District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Sabiullah .... Petitioner /Vs./ 1.District Revenue Officer-cum- Additional District Magistrate, Collector Office Building, Pudukkottai Ho, Pudukkottai-622 005.

2.Revenue Divisional Officer, Office of RDO, Ilupur Taluk, Pudukkottai-622 102.

3.The Tahsildar, Office of Tahsildar, Ilupur Taluk, Pudukkottai-622 102.

4.Avva Beevi Taj ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 not to further 1/6

mutate the revenue records pertaining to the property situate at S.No. 699/18 & 704/5 Veerpatti Village at Mukannamalaipatti Post, Ilupur Taluk, Pudukkottai District in favour of any third party pending disposal of the suit in O.S.No.78 of 2019 on the file the District Munsif Court, Ilupur.

For Petitioner : Mr.S.A.Syed Shaik Alaudeen For Respondents : Mr.C.Satheesh Government Advocate

ORDER

The writ petition has been filed seeking issuance of a Writ of Mandamus to forebear the respondents from effecting any further mutation in the revenue records by either entertaining the application for grant of patta or cancellation of patta/mutation of revenue records.

2. With the consent of the parties, the writ petition itself is taken up for final disposal at the admission stage.

3. It is the specific case of the petitioner that a suit is pending in O.S.No.78 of 2019 before the District Munsif Court, Ilupur. In the said suit, admittedly, the fourth respondent herein is a 2/6

party/defendant.

4. The learned Government Advocate appearing for the respondents 1 to 3, on instructions, would submit that the petitioner's father has sold the subject lands in favour of the fourth respondent and on the strength of the said sale deed, patta has already been mutated in the name of the fourth respondent.

5. It is the admitted case of the petitioner as well that patta stands in the name of the fourth respondent and what is sought for in the present writ petition is the nature of Writ of Mandamus to forebear the respondents 1 to 3 from further mutation of revenue records. Such blanket prayer of Writ of Mandamus cannot be issued by this Court, especially, when a Civil Suit is pending touching the very same subject matter of dispute. The fourth respondent, in whose name the patta presently stands, is the party/defendant in the said Civil Suit O.S.No.78 of 2019.

6. Therefore, if at all the petitioner genuinely apprehends that the fourth respondent is attempting to alienate the subject lands to 3/6

the determinant of the writ petition, it shall be open to the writ petitioner to move the District Munsif Court, Ilupur in the pending suit by way of an interlocutory application as may be advised. There are no merits in the present writ petition seeking blanket mandamus to forebear the respondents from effecting any changes to the revenue records or issue or cancelling the patta.

7. In view of the above, the writ petition is dismissed. No costs.

Index : Yes / No NCC : Yes / No 19.02.2025 am 4/6

To 1.District Revenue Officer-cum- Additional District Magistrate, Collector Office Building, Pudukkottai Ho, Pudukkottai-622 005.

2.Revenue Divisional Officer, Office of RDO, Ilupur Taluk, Pudukkottai-622 102.

3.The Tahsildar, Office of Tahsildar, Ilupur Taluk, Pudukkottai-622 102.

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P.B. BALAJI , J.

am Order made in Dated:

19.02.2025 6/6