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Madras High CourtWP(MD)/23154/2025disposed of

M.Veeraperumal v. The Revenue Divisional Officer

2025-08-28Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.18199 of 2025 M.Veeraperumal ... Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Aranthangi Taluk and Town, Pudukkottai District.

2.The Thasildar (Natham Settlement), Taluk Office, Aranthangi Taluk, Pudukkottai District.

3.RM.Nagappan 4.RM.Thatchinamoorthy 5.S.Nagappan 6.DN.Prasath ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the first respondent to kept in abeyance the Appeal proceedings in Na.Ka.No.965/2025

pending before the first respondent in respect of Town Survey No.28, Block No.28, Ward A, Aranthangi Town and Taluk, Pudukkottai District, pending civil proceedings in O.S.No. 56/2017 on the file of the Sub Court, Aranthangi, by considering petitioner's representation dated 16.08.2025.

For Petitioner : Mr.R.Paranjothi For R1 and R2 : Mrs.K.Malathi Additional Government Pleader For R3 to R6 : Mr.V.Vijayendran

ORDER

The writ petition is filed seeking a direction to the first respondent to keep in abeyance the Appeal proceedings in Na.Ka.No.965/2025 pending before the first respondent.

2.Heard the arguments of Mr.R.Paranjothi, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.V.Vijayendran, learned counsel appearing for the respondents 3 to 6.

3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4.According to the petitioner, the private respondents filed an appeal before the first respondent seeking cancellation of the patta issued in favour of him in respect of the five cents of land situated in T.S.No.28, Block No.28, Ward A, Aranthangi Town and Taluk, Pudukkottai District. In respect of the very same property, a civil suit has been filed by the private respondents in O.S.No.56 of 2017, on the file of Sub Court, Aranthangi, seeking partition and the said suit was dismissed for default on 07.12.2018 for the failure of the private respondents to conduct the case. Thereafter, they filed an application in I.A.No.4 of 2020, seeking restoration of the suit along with a petition to condone the delay. Narrating the above said events, the petitioner filed an application on 16.08.2025 before the first respondent, seeking stay of the proceedings in the appeal filed by the private respondents. The said stay application has not been considered by the first respondent till date. Therefore, the petitioner has come before this Court with the above mentioned prayer.

5.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the stay application submitted by the petitioner will be dealt with in accordance with law. 6.The learned counsel for the respondents 3 to 6 would submit that sufficient opportunity may be given to the private respondents before disposal of the stay application.

7.In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the stay application of the petitioner dated 16.08.2025 and pass final orders on its own merits within a period of four weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and private respondents 3 to 6. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No

To 1.The Revenue Divisional Officer, Revenue Divisional Office, Aranthangi Taluk and Town, Pudukkottai District.

2.The Thasildar (Natham Settlement), Taluk Office, Aranthangi Taluk, Pudukkottai District.

S.SOUNTHAR ,J cp W.P.(MD)No.23154 of 2025 Dated: 28.08.2025