← Library
Madras High CourtWP(MD)/14428/2022dismissed

Ananth Eugin v. The District Revenue Officer

2022-07-07Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14428 of 2022 and W.M.P.(MD)No.10326 of 2022 Ananth Eugin ... Petitioner Vs.

1.The District Revenue Officer, Tuticorin District.

2.The Revenue Divisional Officer, Thiruchenthur, Tuticorin District.

3.The Tahsildhar, Sathankulam Taluk, Tuticorin District.

4.Mohandoss ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 not to change or alter the joint patta No.2271 regarding the property situated in S.No.314/2, Mudalur Village, Sathankulam Taluk, Tuticorin District in favour of the fourth respondent or his men, agent till the disposal of the second appeal in S.A.No.947 of 2005 on the file of this Court. 1/4

For Petitioner : Mr.J.M.Hassanul Bazari For R1 to R3 : Mr.M.Sarangam Additional Government Pleader

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

2. The Hon'ble Supreme Court in the decision reported in AIR 1952 SC 12 (State of Orissa Vs. Madangopal Rungta) has held that while granting the final relief under Article 226 of the Constitution of India, it cannot be in the nature of an interim relief.

3. Therefore, the writ petition is not maintainable. However, the rights of the parties will necessarily abide by the outcome of S.A.No.947 of 2005. The petitioner is also at liberty to move an interim application in the pending second appeal.

2/4

4. With this observation and clarification, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

07.07.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Revenue Officer, Tuticorin District.

2.The Revenue Divisional Officer, Thiruchenthur, Tuticorin District.

3.The Tahsildhar, Sathankulam Taluk, Tuticorin District.

3/4

G.R.SWAMINATHAN,J.

rmi W.P.(MD)No.14428 of 2022 and W.M.P.(MD)No.10326 of 2022 07.07.2022 4/4