Prema, v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.20618 of 2014 and MP(MD)No.2 of 2014 1.Prema 2.K.Shanmugasamy Petitioners Vs 1.The District Revenue Officer, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Tahsildar, Thirupparankundram, Madurai District.

4.V.Jeevanantham Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records of the first respondent's impugned proceedings in Na.Ka.No.G2/23360/13 dated 24.11.2014.

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For Petitioners :Mr.D.Deepak Arasu For R1 to R3 :Mr.S.Shaji Bino Special Government Pleader For R4 :Mr.S.Natesh Raja

O R D E R

This writ petition is filed as against the order of the District Revenue Officer, Madurai, directing the revenue officials to issue joint patta including the name of the fourth respondent as a pattadhar for the lands in Survey Nos.212/1C1 at Thanakankulam Village.

2.The learned counsel appearing for the petitioner and the fourth respondent submits that there is a dispute between the petitioner and fourth respondent with regard to the title over the property and the fourth respondent has filed a civil suit in O.S.No. 394 of 2010, before the District Munsif Court, Tirumangalam, for the relief of declaration and for permanent injunction and the same was decreed in favour of him. As against the decree and Judgment, the petitioner has preferred an appeal in A.S.No.18 of 2021 before 2/5

the Sub Court, Tirumangalam and the same is posted to 19.04.2023 for arguments.

3.Considering the fact that the civil proceedings is pending between the petitioner and the fourth respondent before the competent civil Court and the appeal is also listed for the purpose of arguments on 19.04.2023, this Court disposes of this writ petition with a liberty to the petitioner and the fourth respondent to work out their remedy in the Appeal Suit, which is pending in A.S.No.18 of 2021, before the first Appellate Court. The learned Subordinate Judge, Tirumangalam is directed to conclude the trial in A.S.No.18 of 2021 as expeditiously as possible preferably within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. 28.03.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To 1.The District Revenue Officer, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Tahsildar, Thirupparankundram, Madurai District.

4.The Sub Court, Tirumangalam.

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B.PUGALENDHI, J vrn Order made in W.P(MD) No.20618 of 2014 and MP(MD)No. 2 of 2014 28.03.2023 5/5