Madras High CourtWP(MD)/7851/2017dismissed

M.Amanullakhan v. The District Revenud Officer

2022-06-17Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.7851 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7851 of 2017 M.Amanullakhan ... Petitioner Vs.

1.The District Revenue Officer and Additional District Magistrate, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Keelakarai Taluk, Ramanathapuram District, Ramanathapuram.

3.Abdul Rahim 4.Seeni Abdul Latif 5.Jafarulla 6.Mohammed Dhasin 7.Sabura Bivi 8.Seeni Jalaludeein 9.Mohammed Iqbal 10.S.Arif Khan 11.S.Thari Mohammed 12.D.Sayed Ali Fathima 13.S.Seeni Bir 14.Mujaheer 15.Seyyad Rabiya 16.Shahjahan 17.Rahyanath Bivi 18.M.S.Kabeer 19.Jemila Bivi 20.Thaneena Begum 21.Ajmal Khan 22.Ayisha Ammal 23.Thurathu Nisha 24.Seyyad Mohammed ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent's impugned order No.P.Mu(P6)21707/15 and P.Mu(P6) 9699/2016 dated 30.11.2016 and quash the same and direct the 1st respondent to issue patta in the name of the petitioner for survey No.137 an extent of 3 acres 70 cents survey No.138/2 extent of 10 acres 70 cents in Periyapattinam Village, Keelakarai Taluk, Ramanthapuram District within the period as stipulated by this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.7851 of 2017 For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 & R2

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 and 2. Notice was not issued to the private respondents. 2.In respect of the petition mentioned property, the petitioner filed O.S.No.29 of 2004 on the file of the Sub Court, Ramanathapuram against the private respondents herein. The suit was dismissed on 17.10.2014. Questioning the same, the petitioner filed A.S.No.4 of 2015 before the District Court, Ramanthapuram. It is stated that the first appeal is still pending. In the meanwhile, the petitioner had moved the revenue authority seeking mutation of patta in his favour. The first respondent rightly noted that when the petitioner lost before the Civil Court, it is not possible for the revenue authority to take a contra view. Therefore, the order impugned in the writ petition is sustained. However, the rights of the parties will necessarily abide by the outcome of the civil appeal filed by the petitioner before the District Court, Ramanathapuram. 3.With these observations, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) Ias To:

1.The District Revenue Officer and Additional District Magistrate, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Keelakarai Taluk, Ramanathapuram District, Ramanathapuram.

+1 CC to M/s.SPL.GP ( SR-27148[F] dated 21/06/2022 ) W.P(MD)No.7851 of 2017 17.06.2022 RD(05.07.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2