Vedamuthu v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) Nos.11389 & 11390 of 2014 and MP(MD) Nos.2,2 of 2014 Vedamuthu Petitioner in WP(MD)No.11389/2014 S.Jesuraj Petitioner in WP(MD)No.11390/2014 Vs.

1.The District Revenue Officer, Sivagangai.

2.The Tahsildar, Sivagangai Taluk, Sivagangai.

3.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

4.Arul 5.Dhanapal Respondents in both WPs (R5 deleted as per order dated 11.07.2014 in WP(MD)No.11389 and 11390 of 2014) 1/5

PRAYER in WP(MD)No.11389 of 2014: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the first respondent made in Na.Ka.P.Mu.B4/18120/2013 dated 10.09.2013 and quash the same and consequently directing the respondents 1 to 3 from in any way allowing the fourth respondent from claiming any right in furtherance of the impugned order of the first respondent. PRAYER in WP(MD)No.11390 of 2014: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the first respondent made in Na.Ka.P.Mu.B4/18120/2013 dated 10.09.

2013 and quash the same and consequently directing the respondents 1 to 3 from in any way allowing the fourth respondent from claiming any right in furtherance of the impugned order of the first respondent. For Petitioners :Mr.C.Jeganathan For R1 to R3 :Mr.J.K.Jayaselvan Government Advocate For R4 :Mr.M.

C O M M O N O R D E R These writ petitions are filed as against the orders of the District Revenue Officer, Sivagangai, directing the revenue authorities to change the patta in favour of the fourth respondent, based on an unregistered Will of the year 1984. 2.It is now reported by the learned counsel for the petitioner as well as the respondents that subsequently civil suits were filed by the petitioners before the competent Civil Court in O.S.Nos.171 of 2013 and 180 of 2013 and the suits were decreed, holding that the Will relied on by the fourth respondent is not a genuine one. The fourth respondent has preferred an appeal before the Sub Court, Sivagangai in A.S.No.7 of 2015 and the same was dismissed by the first Appellate Court. Thereafter, based on the civil Court decree, the patta has been restored in the name of the petitioners. The petitioners have also sold the property to the third party and now the patta has been transferred in the name of the subsequent purchasers.

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3.In view of the subsequent development and recording the submissions made on either side, these writ petitions are closed as no further order is required. No costs. Consequently, connected Miscellaneous Petitions are closed.

05.04.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn To 1.The District Revenue Officer, Sivagangai.

2.The Tahsildar, Sivagangai Taluk, Sivagangai.

3.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

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B.PUGALENDHI, J vrn Common Order made in W.P(MD) Nos.11389 & 11390 of 2014 and MP(MD) Nos.2,2 of 2014 05.04.2023 5/5