Madras High CourtWP(MD)/19512/2014dismissed

K.Easwaran v. The District Revenue Officer

2023-01-24Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.19512 of 2014 and M.P(MD) No.1 of 2014 K.Easwaran ..... Petitioner - Vs1. The District Revenue Officer, Madurai District.

2. The Revenue Divisional Officer, Madurai District.

3. M.Rasu Thevar

4. Sankar

5. Mayathevar

6. Petchiammal

7. Raman ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, thereby, call for the records of the first respondent in Na.Ka.No.G2/64374/ 2010, dated 09.06.2014 and quash the same as illegal and arbitrary and consequently direct the first respondent to restore the Patta in favour of the petitioner at once.

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For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader (for -R-1 and R-2) : Mr.S.Natesh Raja (For R-3 to R7)

ORDER

The present Writ Petition has been filed challenging the order passed by the first respondent confirming the order passed by the second respondent with regard to the dispute between the petitioner and the respondents No.3 to 7 in the Writ Petition.

2. The order impugned explicitly refers to a suit in O.S.No.599 of 2010 on the file of the District Munsif Court, Thirumangalam. Since the said suit is pending between the parties, it would not be proper to take any decision and pass any orders in respect of entitlement of patta. It is also accepted by the Counsel on both sides that the said suit is still pending and that is listed for further hearing on 27.01.2023. 2/4

3. In view of the fact that the suit in O.S.No.599 of 2010 is pending in respect of the property dispute, I do not find any infirmity in the order passed by the respondents No.1 and 2. The parties are at liberty to approach the revenue authorities for grant of patta on conclusion of the aforesaid civil proceedings, hence this writ petition fails and dismissed accordingly. However, with the liberty as stated supra. There shall be no order as to costs. Consequently connected Miscellaneous Petition is closed. 24.01.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi To

1. The District Revenue Officer, Madurai District.

2. The Revenue Divisional Officer, Madurai District.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.19512 of 2014 24.01.2023 4/4