Ayup Khan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Ayup Khan

...Petitioner

/Vs./ 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.Ahamed Mydeen 3.Lathieef Khan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to dispose and pass final orders in the proceedings pending in B5/52857/2015, in respect of the petitioner's property bearing S.No. 277/9 and 277/10, situate at Parthibanoor, Paramakudi Taluk, Ramanathapuram District, within the stipulated time as that may be fixed by this Court. For Petitioner : Mr.N.Madhava Govindhan For Respondents : Mr.A.Kannan (R1) Additional Government Pleader 1/4

ORDER

This Writ Petition is filed seeking issuance of Writ of mandamus to direct the first respondent to pass final orders in the proceedings pending in B5/52857/2015, in respect of the petitioner's property in S.No. 277/9 and 277/10, situated at Parthibanoor, Paramakudi Taluk, Ramanathapuram District, within the time to be stipulated by this Court.

2. Considering the limited scope of the relief sought for in this writ petition, notice to the private respondents is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. It is seen that the petitioner has already approached the civil Court in O.S.No. 38 of 1999, on the file of the District Munsif Court, Paramakudi, for the relief of declaration and permanent injunction and the suit ended in favour of the petitioner. It is also stated by the petitioner that against the judgment dated 06.02.2001, passed by the District Munsif Court, Paramakudi, in O.S.No.38 of 1999, an appeal has 2/4

been preferred by the respondents therein and the same is pending before the Sub Court, Paramakudi.

4. As rightly submitted by the learned Additional Government Pleader appearing for the first respondent, in view of the pendency of the appeal, the petitioner's application has to be kept in abeyance, as no orders could be passed during the pendency of the appeal. In view of the pendency of the appeal before the Sub Court, Paramakudi, the prayer in this writ petition is rejected. Subject to the result of the appeal and further appeals, if any, liberty is granted to the petitioner to approach the authorities concerned.

5. With the above observations, this Writ Petition is disposed of. No costs.

20.11.2024 Index : Yes / No NCC : Yes / No Sm 3/4

N.MALA, J.

Sm TO:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

Order made in Dated:

20.11.2024 4/4