Velumayil v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.1208 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Velumayil

...Petitioner

-Vs1.The Tashildar, Alangulam Taluk, 2.The Executive Officer, Selection Grade Panchayat, 3.Arul Asir Abraham

...Respondents

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing first and second respondents from changing the name in patta number 922 and the property tax receipt for the property in survey number 431, Plot numbers 14, 15 and 16 till the final outcome of in O.S.No.657 of 1995 and O.S.No.699 of 1995 on the file of the District Munsif, Tenkasi.

For Petitioner : Mr.T.A.Ebenezer For R-1 : Mr.G.Muthu Kannan, Government Advocate.

For R-2 : Mr.C.Herold Singh For R-3 : Mr.P.Natarajan

ORDER

The present writ petition has been filed for forbearing first and second respondents from changing the name in patta number 922 and the property tax receipt for the property in survey

number 431, Plot numbers 14, 15 and 16, till the outcome of in O.S.No.657 of 1995 and O.S.No.699 of 1995, pending on the file of the District Munsif, Tenkasi.

2. Heard Mr.T.A.Ebenezer, learned counsel for the petitioner, Mr.G.Muthu Kannan, learned Government Advocate for the first respondent, Mr.C.Herold Singh, learned counsel for the second respondent and Mr.P.Natarajan, learned counsel for the third respondent. Perused the records.

3. It is represented that the suit in O.S.No.657 of 1995 was dismissed as withdrawn and the another suit in O.S.No.699 of 1995 was dismissed for non-prosecution in the year 2011 and the application filed to restore the suit is pending and not yet numbered.

4. It is also submitted that during the pendency of the writ petition, the first respondent has transferred patta in the name of the third respondent, based on the order in Probate O.P.No.60 of 1993.

5. In view of the above undisputed facts, this Court is of the considered opinion, no further adjudication is necessary in this writ petition. In that view, this Writ Petition is closed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

6. The parties are at liberty to work out their remedy in the manner known to law.

Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.The Tashildar, Alangulam Taluk,

2.The Executive Officer, Selection Grade Panchayat, 3.The District Munsif, Tenkasi + 1 CC TO MR.P.Natarajan, ADVOCATE IN SR No.73772 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO.74250 sm MK/KKR/SAR-4/04.09.2017/3P/6C W.P.(MD)No.1208 of 2011 22.08.2017