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Madras High CourtWP(MD)/28543/2022dismissed

Kuzhanthaisamy.S v. The District Collector

2025-06-11Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.Kuzhanthaisamy ... Petitioner Vs

1. The District Collector, O/o.The District Collectorate, Madurai District.

2. The Revenue Divisional Officer, Sivagangai the Revenue Divisional Office, Sivagangai, Sivagangai District.

3. The Tahsildar, Manamadurai Thasildar Officer, Manamadurai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent Nos. 2 and 3 to conduct the enquiry and transfer and issue Joint Patta to the petitioner along with other legal heirs based on the proceedings of respondent No. 2 in Na.Ka.A3/7542/2013 par with judgement in A.S.No. 32/2019 dated 01.11.2021 in respect of the land in survey No. 48/3 having patta No. 399 measuring 4 acres situated at Ganapathiyanthal Village, P.Allangualam Group, Manamadurai Taluk, Sivagangai District 1/4

within a time stipulated by this Court.

For Petitioner : Mr.S.Lenin Prabu For Respondents : Mr.M.Gangatharan, Govt. Advocate

O R D E R

The petitioner herein seeks a direction to the respondents 2 and 3 to to conduct enquiry and issue Joint Patta in the name of the petitioner in respect of the property situate in survey No. 48/3 at Ganapathiyanthal Village, P.Allangualam Group, Manamadurai Taluk, Sivagangai District, as per the judgment and decree passed in A.S.No.32 of 2019 on the file of the Sub Court, Manamadurai, dated 01.11.2021.

2. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents would submit that the judgment and decree passed by the Sub Court, Manamadurai in A.S.No.32 of 2019 is challenged in S.A.(MD)No.423 of 2022 and the same is pending before this Court.

3. In view of the fact that the second appeal between the petitioner 2/4

and the rival claimants are pending on the file of this Court, this Court is not inclined to issue any direction to the respondents to consider the representation of the petitioner, seeking mutation of revenue records based on the judgment, which is challenged in the Second Appeal. Therefore, this Writ Petition is dismissed with liberty to the petitioner to move the authority concerned, after disposal of the second appeal. There shall be no order as to costs.

11.06.2025 vsm Index: Yes/No Internet: Yes/No To

1. The District Collector, O/o.The District Collectorate, Madurai District.

2. The Revenue Divisional Officer, Sivagangai the Revenue Divisional Office, Sivagangai, Sivagangai District.

3. The Tahsildar, Manamadurai Thasildar Officer, Manamadurai Taluk, Sivagangai District.

3/4

S.SOUNTHAR, J.

vsm W.P (MD) No.28543 of 2022 11.06.2025 4/4