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Madras High CourtWP(MD)/18041/2021disposed of

Raju.J v. The District Collector

2023-11-10Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Raju ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, O/o District Revenue Office, Ramanathapuram.

3.The Sub-Collector, O/o. Assistant Collector, Paramakudi, Ramanathapuram District.

4.The Tahsildar, Mudukulathur Taluk, Ramanathapuram District.

5.Solomon Ghani

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent Nos.1 to 1/4

4 to conduct enquiry and cancel the wrong entries made in Village Adangal register and chitta in favour of the Respondent No.5 with regard to the property situated in S.No.463/25 to an extent of 385 square feet at Veerambal Village, Mudukulathur Taluk, Ramanathapuram District and consequently direct the Respondents Nos.2 to 4 to provide patta in the name of petitioner based on compromise Decree and Judgement passed in S.A.No.1282 of 1992 dated 03.04.2003 within a time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R-1 to R-4 : Ms.D.Farjana Ghoushia, Special Government Pleader For R-5 : Mr.C.Kartick

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the respondents to conduct an enquiry and to cancel the entries made in the revenue records pertaining to the subject property and consequently, directing respondent Nos.2 to 4 to issue patta in the name of the petitioner based on the compromise decree passed in S.A.No. 1282 of 1992, dated 03.04.2003 2/4

2. When the matter was taken up for hearing, it was brought to the notice of this Court that the petitioner had filed a suit for the very same cause of action in O.S.No.14 of 2017 before the Sub Court, Paramakudi. This suit was filed as against the fifth respondent, who is shown as defendant.

3. In view of the above, the relief sought for in this Writ Petition cannot be granted by this Court and it is left open to the petitioner to work out his remedy before the competent Civil Court.

4. This Writ Petition is disposed of accordingly. No costs. 10.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

N.ANAND VENKATESH, J.

tsg To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, O/o District Revenue Office, Ramanathapuram.

3.The Sub-Collector, O/o. Assistant Collector, Paramakudi, Ramanathapuram District.

4.The Tahsildar, Mudukulathur Taluk, Ramanathapuram District.

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