Govindarajan v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Govindarajan ... Petitioner Vs.

1.The Tahsildhar, Singampunari, Sivagangai District.

2.Raja ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring the transfer of patta in respect of property in respect of the properties situated in S.No.557/1B2 Sub division A to K situated at North Singampunari group. Singampunari taluk, Sivagangai district, in violation of the proceedings of the 1st respondent dated 03.05.2022 made in Mu.Mu.A4/2807/2022, in favour of 2nd respondent is abinitio void and illegal as it was without notice to petitioner. 1/4

For Petitioner : Mr.R.Rajeshkumar For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1.

ORDER

Heard both sides.

2.The writ petitioner is the father of the second respondent. The petitioner had executed a settlement deed dated 17.10.2014 in favour of the second respondent settling the petition mentioned property. Subsequently, he cancelled the same unilaterally on 23.06.2021. The registration of the unilateral cancellation deed was set aside in W.P.(MD)No.12388 of 2021. Therefore, the first respondent is justified in mutating the revenue record in favour of the second respondent. It is seen that civil litigation is pending in respect of the petition mentioned property also. The mutation made by the first respondent in favour of the second respondent will abide by the outcome of the pending civil suit. Interference is not warranted at this stage.

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3.With this observation, this writ petition is dismissed. No costs. 27.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Tahsildhar, Singampunari, Sivagangai District.

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G.R.SWAMINATHAN, J.

ias 27.11.2023 4/4