A.Angel Lourdu Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2015 A.Angel Lourdu Selvam ... Petitioner Vs 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Tahsildar, 5.The Village Administrative Officer, Somanathamangalam, Sivagangai District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direction to cancel the order dated 26.08.2014 in Pa.Mu.(A3) 3000 /2013 passed by the third respondent and consequently direct the respondents to restore the name of the petitioner in the patta, chitta and other revenue records for the property situated at Somanathamangalam Group, Kalaiyarkovil, Utkadai Mettupatti Village, Door No.6940, Thondai Main Road, Mettupatti, Kalaiyarkovil, Sivagangai District S.No.197/14A1 admeasuring 3177 square feet as it stood prior to the passing of the order dated 26.08.2014.

For Petitioner : Ms.M.Rajeswari For Respondents : Mr.S.RA.Ramachandran Special Government Pleader

ORDER

The learned counsel appearing for the writ petitioner informs the Court that the bundle had been returned to the writ petitioner long back. The writ petitioner however has not made any alternative arrangements.

2. I went through the contents of the affidavit filed in support of the writ petition. The petitioner is aggrieved by the cancellation of her patta by the third respondent. The petitioner seeks restoration of her name in the revenue record. The petitioner can very well go before the second respondent. It is seen that the cancellation was done at the instance of one Arokiasamy. The said Arokiasamy has not been made as a party. It is also seen that the said 2/4

Arokiasamy has filed civil suit impeaching the sale deed executed in favour of the writ petitioner. The rights of the parties would obviously abide by the out of the civil suit. The petitioner has to necessarily establish her case before the civil Court. If the suit filed by the said Arokiasamy is dismissed, certainly the petitioner can seek mutation of revenue record in her favour.

3. With this observation, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 12.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 3/4

G.R.SWAMINATHAN, J.

MGA 4.The Tahsildar, 5.The Village Administrative Officer, Somanathamangalam, Sivagangai District.

and M.P(MD)No.1 of 2015 12.07.2023 4/4