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Madras High CourtWP(MD)/17883/2025dismissed

A.Mani v. The Revenue Divisional Officer

2025-07-02Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Mani ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Collectorate Building, Sivagangai District.

2.The Thasildhar, Singampunari Taluk, Singampunari, Sivagangai District.

3.C.Palanichamy ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 1 and 2 forbearing the third respondent in mutation of revenue records in respect of the property in Survey No.5/1 and Survey No.6, No.28 Hamlet of Muraiyur Village, M.Kovilpatti Village, Now Singampunari Taluk,

Karaikudi registration District, Singampunari Sub District, Sivagangai District and consider the petitioner's representation dated 27.05.2025. For Petitioner : Mr.K.Muraleedharan For R1 & R2 : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the respondents 1 and 2 not to mutate the revenue records in respect of the property situated in Survey Nos.5/1 and 6, No.28 Hamlet of Muraiyur Village, M.Kovilpatti Village, Now Singampunari Taluk, Karaikudi registration District, Singampunari Sub District, Sivagangai District, by considering his representation dated 27.05.2025.

2.Heard the arguments of Mr.K.Muraleedharan, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 and 2. Since no adverse order is passed against the third respondent, notice to the third

respondent is dispensed with. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.It is seen from the affidavit filed in support of the writ petition and the typed set of papers that the petitioner has already instituted a suit for declaration of title and injunction against the third respondent in respect of the subject property in O.S.No.103 of 2025 on the file of Sub Court, Sivagangai and the said suit is pending. In the meantime, the petitioner submitted a representation before the official respondents requesting them not to mutate the revenue records in favour of the third respondent pending disposal of the suit. The same has not been considered. Hence, the petitioner has come before this Court. 4.The petitioner seeks relief pending disposal of the suit. Therefore, it is open to him to file an appropriate application before the Civil Court in the pending suit against 3rd respondent and workout his remedy.

5.In view of the availability of an effective remedy before the Civil Court, this Court is not inclined to entertain the present writ petition. Accordingly, this Writ Petition is dismissed, with liberty to the petitioner to workout his remedy by filing an appropriate interim application before the Civil Court in the pending suit. No costs. 02.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The Revenue Divisional Officer, Office of the Collectorate Building, Sivagangai District.

2.The Thasildhar, Singampunari Taluk, Singampunari, Sivagangai District.

S.SOUNTHAR ,J cp W.P.(MD)No.17883 of 2025 Dated: 02.07.2025