L.Chidhambaram v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Writ Petition (MD) No.

and MP(MD) No.1 of 2015 L.Chidambaram ....

Petitioner -Vs1.The Thasildar Devakottai Taluk Sivagangai District.

2.The Sub-Registrar Ramnagar, Devakottai Taluk Sivagangai District.

3.Ramanathan 4.Anthony Raj 5.Panneerselvam 6.Kalimuthu 7.Pavulraj 8.Amsavalli 9.Sumathi 10.Sundari 11.Alexrajan 12.Santhi .... Respondents 1 / 4

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the 2nd respondent to register any document till the disposal of the Patta proceedings in respect of the property in T.S.No.85/1, Block No.17, Town Survey Ward A, Kannankottai Group, Devakottai Town, Sivagangai District pending on the file of the 1st respondent in view of the order in W.P.No.10864 of 2015 on the file of the Hon'ble High Court dated 01.07.2015. For Petitioner : Mr.V.Kannan For Respondents : Mr.S.Shanmugavel Additional Government Pleader - for R1&R2 Mr.D.Panneer Selvam - for R4 Mr.J.Anand Kumar - for R6 and R9 R3, 5, 7, 8, 11 and 12 - Tapas returned R10 - Tapal due

O R D E R

Heard the learned counsel on either side.

2. The prayer in the writ petition is for forbearing the Sub Registrar, Ramnagar from registering any document in respect of the petition mentioned land till the disposal of the proceedings before the Tahsildar, Devakottai Taluk.

3. When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the proceedings had long ago concluded and that patta is presently standing in the name of one Kasinathan S/o Velu Udayar and that neither the name of the petitioner nor the names of the private respondents are 2 / 4

presently found in the revenue records. In any event, the final relief sought in writ proceedings cannot be in the nature of interim relief. The Hon'ble Apex Court in the decision reported in AIR 1952 SC 12 (State of Orissa -vs- Madan Gopal Rungta) had specifically held that such writ petitions are not maintainable. The petitioner has couched the main relief itself in the form of an interim relief.

3. In view of the submission made by the learned Additional Government Pleader, nothing survives for further adjudication. The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. 23.08.2023 Index : Yes/No Internet : Yes/No KST To 1.The Thasildar Devakottai Taluk Sivagangai District.

2.The Sub-Registrar Ramnagar, Devakottai Taluk Sivagangai District.

3 / 4

G.R.SWAMINATHAN, J.

KST W.P.(MD) No.15323 of 2015 23.08.2023 4 / 4