S.Gunavathi v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and WMP(MD) No.12704 of 2020 S.Gunavathi ... Petitioner Vs
1. The Tahsildar, Ilayangudi Tk, Sivagangai District.
2. The District Collector, Sivagangai District , Sivagangai.
3. The Sub Registrar, Ilayangudi, Sivagangai District.
4. Hameeta Bevi
5. Mohamed Ali
6. Usman Ali
7. Asaf Ali
8. S.Fathima
9. Mumtaj Begum
10. Noorjahan 1/5
11. Ayeezha Beevi
12. Alima Beevi
13. Madula Beevi
14. Hameeta Beevi
15. Rose
16. Amthajkhan
17. Murby
18. Bishmi
19. Nisha
20. N.Ayesha
21. S.Senthil
22. A.Chidambaram
23. R.Veeman
24. V.Thangamani ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 herein not to transfer or mutuate patta and revenue records through online or in any manner in respect of the lands (covered in patta no.648, 392, 677 and 536) comprised in survey no.108/6 (Acres 2.57 cents), 107 (Acre 1.65.6 Cents), 107 (Acres 9.46 Cents), 106/5 (Acres 1.74 cents), 2/5
120/3 (Acres 2.58 Cents), 119/1C1 (Acres 2.20 cents) of Thiruvallur Village, Ilayangudi Taluk, Sivagangai District until the disposal of the suit in O.S.No.92 of 2010 on the file of Sub Court, Sivagangai. For Petitioner : Mr. K.Safar Badhusha For Respondents : Ms.D.Farzana Goushia Special Government Pleader
O R D E R
This writ petition was filed for the issue of writ of mandamus directing the first and 2nd respondents not to transfer or mutate the revenue records pertaining to the subject property pending disposal of the suit in O.S.No.92 of 2010 on the file of the Sub Court, Sivagangai. 2.Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 to 3 and the learned counsel for the private respondents.
3.In the considered view of this Court, the main relief in this case is pending before the competent civil Court in O.S.No.92/2010 and this writ petition has been filed only seeking for interim relief to direct the first and second respondents not to mutate the revenue records. If the 3/5
petitioner has any apprehension that the private respondents will mutate the revenue records pending the suit, the petitioner has to file an appropriate application in the pending suit and seek for the relief and a writ petition cannot be maintained in this regard. The law on this issue is now too well settled. In view of the above, the writ petition stands disposed of. No costs. consequently connected Miscellaneous Petition is closed.
05.10.2023 Internet : Yes RR To
1. The Tahsildar, Ilayangudi Tk, Sivagangai District.
2. The District Collector, Sivagangai District , Sivagangai.
3. The Sub Registrar, Ilayangudi, Sivagangai District.
4/5
N.ANAND VENKATESH, J.
RR WP. (MD)No.15058 of 2020 05.10.2023 5/5