Vairavan K v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR K.Vairavan ... Petitioner Vs.

1.The Tahsildar, Sivagangai Taluk, Sivagangai District.

2.The Town Surveyor, Sivagangai Town, Sivagangai District.

3.The Commissioner, Sivagangai Municipality, Sivagangai.

4.Ramakrishnan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 3 not to make any changes in Patta for the property comprising in Survey No.T.S.No.63/141/578 in Block No.10, D Ward, Sivagangai Town, Sivagangai District till the disposal of the Second Appeal in S.A.(MD).No.682/2006 pending on the file of this Court on the basis of the petitioner's representation dated 22.11.2022.

For Petitioner : Mr.D.Karthik Raja For R-1 & R-2 : Mr.A.Baskaran Additional Government Pleader For R-3 & R-4 : No appearance

ORDER

The Writ Petition was filed seeking a direction to the respondents 1 to 3 not to make any changes in the revenue records pertaining to the property situated in T.S.No.63/141/578 in Block No.10, D Ward, Sivagangai Town, Sivagangai District till the disposal of the Second Appeal in S.A.(MD). No.682 of 2006 by considering the petitioner's representation dated 22.11.2022.

2. It is seen from the typed set of papers that the fourth respondent herein has filed a suit in O.S.No.48 of 1996 against the petitioner seeking declaration and injunction in respect of the subject property. The said suit was decreed in favour of the fourth respondent. The appeal filed by the petitioner was also dismissed. Aggrieved by the same, the petitioner is said to have filed Second Appeal in S.A.(MD).No.682 of 2006. The petitioner seeks a direction to the official respondents not to effect any changes in the revenue records pending disposal of the Second Appeal pertaining to the subject property.

3. The Second Appeal filed by the petitioner is pending on the file of this Court. It is for the petitioner to move an appropriate interim application in the pending Second Appeal. It is not for him to maintain a Writ Petition for the said interim prayer. Therefore, this Court is not inclined to entertain the Writ Petition.

4. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to file an appropriate application in the pending Second Appeal. There shall be no order as to costs.

10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Tahsildar, Sivagangai Taluk, Sivagangai District.

2.The Town Surveyor, Sivagangai Town, Sivagangai District.

3.The Commissioner, Sivagangai Municipality, Sivagangai.

S.SOUNTHAR,J.

Lm 10.07.2025