Madras High CourtWP(MD)/14743/2015disposed of

A.V.K.Arul Krushnan v. The District Collector

2023-07-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.1 & 2 of 2015 A.V.K.Arul Krushnan ... Petitioner Vs 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Manachanallur Taluk, Trichy District.

4.B.K.Chellappan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the third respondent in his proceedings 4729/2008 dated 16.03.2010 and the consequential order dated 03.07.2015 1/4

passed in his proceedings Na.Ka.A2/A2/4272/2015 and quash the same as illegal, consequently to direct the third respondent to delete the name of the fourth respondent in Patta No. 657 in Survey No.112/3 in Koothur Village, Manachanallur Taluk, Trichy District so as to restore the same in its original position.

For Petitioner : Mr.A.V.K.Arul Krishnan Party-in-person For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 to R.3 Mrs.V.Sujatha Siddharthan for R.4

ORDER

The petitioner appears in person.

2. He challenges the proceedings dated 16.03.2010 and 03.07.2015 issued by the third respondent / Tahsildar, Manachanallur Taluk.

3. The petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to set aside the impugned orders. His primary grievance is that even though the civil suit filed by him was pending and injunction order was in force, mutation was made. 2/4

4. The grievance projected by the petitioner may be justified. However, I called upon the petitioner to clarify what happened to the civil proceedings. The petitioner fairly stated that O.S.No.312 of 2007 filed by him for the relief for declaration and permanent injunction on the file of District Muncif Court, Lalkudi was dismissed in the year 2016. The first appeal filed by him had also suffered dismissal. The case between the petitioner and the third respondent is presently pending in S.A(MD)No.505 of 2021. Since Civil proceedings has ended against the petitioner, I am not in a position to interfere with the impugned order. I however make it clear that the impugned proceedings as well as the rights of the parties will abide by the outcome of S.A(MD)No.505 of 2021.

5. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 10.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Trichy District, Trichy.

3/4

G.R.SWAMINATHAN, J.

MGA 2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Manachanallur Taluk, Trichy District.

and W.M.P(MD)Nos.1 & 2 of 2015 10.07.2023 4/4