Sethupathi.M v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.22529 of 2022 M.Sethupathi ... Petitioner .Vs.

1.The District Revenue Officer, Office of the District Revenue Officer, Madurai District.

2.The District Registrar, Office of the District Registrar, No.171, Palace Road, Madurai District - 625 001.

3.The Sub Registrar Joint-4, No.420, East Street, Old Bus Stand, Palanganatham, Madurai - 625 020.

5.Jothi 6.Durga 7.salamon Swamidas 8.A.Kalaiselvi 1/8

9.Sudha 10.Sanmugavel 11.Palanisamy 12.Manavendira Properties, Private Limited, Janab ibu Pitchai, Mohaideen, Son of Iburms, Door No.3, Ist Santhu North Line, Simmakal, Madurai - 625 001.

13.M.Muruegesan 14.R.Vengu 15.P.Sathiyaseelan 16.Jothi Ramalingam 17.S.Mahalakshmi 18.M.S.Sundaram 19.Kuppusamy Iyar 20.K.Supulachmi Ammal 21.Bakirathi Ammal 22.M.Murugesan 2/8

23.Uthayakumaran 24.K.S.Ganapathy Iyar 25.Muhamad Ali Lebaski ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the second respondent from registering any document in respect of Survey Numbers.46/3, 269/4, 298/5, 325/2 and 344/1 at Ayanpappakudi Village, in Madurai South Taluk, in Madurai District and consequently to direct the fourth respondent not to issue patta in respect of the above said survey numbers and its sub divisions till final order is passed in Na.Ka.NO.G5/9897/2022 and pass orders in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.s.Malaikani For Respondents : Mrs.K.Malathi 1 to 4 Addl.Govt.Pleader For Respondent-6 : Mr.P.Mahendran For Respondent-7 : Mrs.S.Manoharan For Respondent-8 : Mr.S.S.Sundarapandian For Respondents :Mr.A.Murugaboopathi 9,10 and 16 Maharaja For Respondent-11 : Mr.G.Sridharan For Respondents 5,12to 15, 17 to 22 : Tapal Returned 24 and 25 For Respondents : Deceased 18,19 and 24 For Respondent-23 : Tapal due

O R D E R

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The Writ Petition is filed seeking issuance of a Writ of Mandamus forbearing the second respondent from registering any document in respect of Survey Numbers.46/3, 269/4, 298/5, 325/2 and 344/1 at Ayanpappakudi Village, in Madurai South Taluk, in Madurai District and consequently to direct the fourth respondent not to issue patta in respect of the above said survey numbers and its sub divisions till final order is passed in Na.Ka.NO.G5/9897/2022 and pass orders in accordance with law. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is the case of the Petitioner that the subject property originally belong to Pappammal family and during UDR updation, names of the private respondents and other were clandestinely included in the revenue records.

Therefore the husband of Pappammal namely, Muthu executed a power deed in favour of Petitioner authorizing him to deal with the property and the Petitioner on the strength of power deed executed by the husband of Pappammal, submitted a detailed representation on 23.02.2022 seeking rectification of revenue records and restoration of patta in the name of Pappammal.

Petitioner that pending enquiry before the first respondent, the person in whose name entries in the revenue records are made, is attempting to alienate the property by presenting the records before the respondents 2 and 3.The said representation has not been considered so far. Therefore the Petitioner filed the instant Writ Petition seeking issuance of a Writ of Mandamus forbearing the second respondent from registering any document pertains to the above mentioned survey numbers.

4.If the Petitioner has got any apprehension that the private respondents or other persons in whose name entries were made in the revenue records during UDR updation, made an attempt to alienate the property to third parties, it is for the Petitioner to get appropriate relief from the competent Civil Court. Merely because the Petition filed by the Petitioner is pending before the first respondent regarding the entries made in the revenue records, respondents 2 and 3, who are the statutory authorities cannot be restrained from discharging their statutory duty of registering documents. Therefore the prayer sought for in the Writ Petition cannot be granted.

5.Accordingly, the Writ Petition stands dismissed, with liberty to the Petitioner to work out his remedy in the manner 5/8

known to law before the competent Civil Court. No costs. 10.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Revenue Officer, Office of the District Revenue Officer, Madurai District.

2.The District Registrar, Office of the District Registrar, No.171, Palace Road, Madurai District - 625 001.

3.The Sub Registrar Joint-4, No.420, East Street, Old Bus Stand, Palanganatham, Madurai - 625 020.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.22529 of 2022 10.06.2025 7/8

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