Madras High CourtWP(MD)/21069/2022dismissed

Tamil Mani v. The Special Tahsildar

2022-09-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.15298 & 15301 of 2022 1.Tamil Mani 2.Manimekalai 3.Veerasenan 4.Vasuki 5.Kalaiselvan 6.Mangaiyarkarasi 7.Thilagavathi 8.Tamilarasi Thangavel 9.Parvathi 10.Theivanai 11.Gayathri ... Petitioners Vs.

1.The Special Tahsildar, Natham Survey & Revenue Scheme 1/4

Pattukkottai.

2.Yoganathan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the first respondent herein from in any manner issuing transfer of patta to the second respondent, his men, agents or any one claiming on behalf of the second respondent herein in respect of the petitioner's properties comprised in Survey No.423/1 measuring 2.19 acres and Survey No.422/11 measuring 72 cents situated in Maharajasamuthram Village, Pattukkottai Taluk, Thanjavur District till the adjudication of civil suit O.S.No.75 of 2022 on the file of the learned III Additional District Court, Pattukottai.

For Petitioners : Mr.P.Vadivel For R1 : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent.

2. The prayer in the writ petition is that patta should not be issued in favour of the second respondent or the persons claiming under him till the disposal of O.S.No.75 of 2022 filed by the petitioners before the III Additional District Court, Pattukottai.

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3. The writ petitioners are virtually calling upon this Court to pass a final order under Article 226 of the Constitution of India in the form of interim order. Such a relief cannot be granted. The petitioners have to necessarily work out their rights only in the pending suit.

4. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

02.09.2022 Index : Yes / No Internet : Yes/ No rmi To The Special Tahsildar, Natham Survey & Revenue Scheme Pattukkottai.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.21069 of 2022 02.09.2022 4/4