Deval Y. Patel v. The District Revenue Officer / District Additional Magistrate

1 W.P.(MD)NO.14397 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14397 of 2024 AND W.M.P.(MD)Nos.12628 & 12630 of 2024 Deval Y. Patel ... Petitioner Vs.

1. The District Revenue Officer / District Additional Magistrate, Trichy.

2. The Revenue Divisional Officer, Trichy.

3. The Tahsildar, Trichy East Taluk, Trichy.

4. Jaikish

5. Geetha Sankari

6. Vinith M.Patel

7. Sraswathy Patel

8. Mohan N.Patel ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order made in Na.Ka.Aa6/32303/2023 passed by the first respondent dated 16.02.2024 and quash the same. For Petitioner : Mr.PR.Prithiviraj For R-1 to R-3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

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2 W.P.(MD)NO.14397 OF 2024

O R D E R

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

2. By the impugned order, patta standing in the name of the sixth respondent has been transferred in favour of respondents 4 and 5.

3. The petitioner of course has filed O.S.No.779 of 2021 on the file of the Sub Court, Tiruchirappalli and an interim order has been obtained in I.A.No.3 of 2021 against the revenue officials. If according to the petitioner, interim order obtained by him has been breached, it is open to the petitioner to file a contempt petition before the concerned Court. As regards the mutation of patta, it is only the sixth respondent who can have grievance. Challenge to the impugned order cannot be maintained at the instance of the writ petitioner.

4. The petitioner has to pursue the pending civil suit and he may make the respondents 4 and 5 herein as party defendants and the 2/4

3 W.P.(MD)NO.14397 OF 2024 rights of the respondents 4 and 5 will abide by the outcome of the said suit. At this stage, the writ Court cannot interfere. Granting liberty to the petitioner to work out his rights in the manner known to law, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

03.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Revenue Officer / District Additional Magistrate, Trichy.

2. The Revenue Divisional Officer, Trichy.

3. The Tahsildar, Trichy East Taluk, Trichy.

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4 W.P.(MD)NO.14397 OF 2024 G.R.SWAMINATHAN,J.

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