S.Nirmala v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.10633 of 2025 S.Nirmala ... Petitioner Vs.

1.The District Collector, Collectorate, Karur District-639007.

2.The Tahsildar, Pugalur Taluk, Office of the Tahsildar, Pugalur, Karur District.

3.The Revenue Divisional Officer, Karur, Karur District-639001.

4.The Sub Registrar, Chinnatharapuram, Karur District-639110.

5.The Assistant Director, Directorate of Town and Country Planning (DTCP) No.9, First Floor Lakshmipuram North Street, Karur Town, Karur-639001.

6.T.Muthulakshmi

7.Sangeetha ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider and act upon the petitioner's representation dated 15.05.2025 and to forbear from making any mutation, patta transfer, sub division or administrative change in respect of Survey Nos.98/1 and 87/B1, Nedungur Village, Pugalur Taluk, Karur District, during the pendency of O.S.No.318 of 2023 on the file of the Principal District Court, Karur.

For Petitioner : Mr.R.Rama Guru For R1 to R5 : Mr.A.Baskaran Additional Government Pleader For R6 : Mr.K.Suresh For R7 : Mr.N.Shanmuga Selvam

ORDER

The writ petition is filed seeking a direction to the respondents 1 to 4 to consider the representation of the petitioner dated 15.05.2025 and to forbear the respondents from making any mutation, patta transfer and sub

division in respect of Survey Nos.98/1 and 87/B1, Nedungur Village, Pugalur Taluk, Karur District.

2.Heard the arguments of Mr.R.Rama Guru, learned counsel appearing for the petitioner, Mr.A.Baskaran learned Additional Government Pleader appearing for the respondents 1 to 5, Mr.K.Suresh, learned counsel appearing for the six respondent and Mr.N.Shanmuga Selvam, learned counsel appearing for the seventh respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.It is not in dispute that the petitioner instituted a suit for specific performance in respect of subject property in O.S.No.318 of 2023 on the file of Principal District Court, Karur, against the six respondent. It is stated by the petitioner that during the pendency of the suit, the sixth respondent sold the property to the seventh respondent. Thereafter, the seventh respondent is attempting to get the revenue records mutated in her favour. Therefore, the petitioner has filed this writ petition with the above mentioned prayer.

4.Admittedly, the civil suit is pending between the petitioner and the sixth respondent. If the seventh respondent purchased the property from the sixth respondent pending suit, the doctrine of lis pendens will take care of the petitioner. It is also open to the petitioner to approach the Civil Court seeking impleadment of the seventh respondent and to get prohibitory order against the seventh respondent. 5.In these circumstances, this Court is not inclined to grant the relief sought for by the petitioner. Accordingly, this Writ Petition is disposed of with liberty to the petitioner to approach the Civil Court to seek appropriate remedy within a period four weeks from date of receipt of a copy of this order. In the meantime, the respondents 2 and 3 are directed to maintain the status quo with respect to the revenue records. No costs. Consequently, connected miscellaneous petition is closed. 19.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The District Collector, Collectorate, Karur District-639007.

2.The Tahsildar, Pugalur Taluk, Office of the Tahsildar, Pugalur, Karur District.

3.The Revenue Divisional Officer, Karur, Karur District-639001.

4.The Sub Registrar, Chinnatharapuram, Karur District-639110.

5.The Assistant Director, Directorate of Town and Country Planning (DTCP) No.9, First Floor Lakshmipuram North Street, Karur Town, Karur-639001.

S.SOUNTHAR ,J cp W.P.(MD)No.14435 of 2025 Dated: 19.06.2025