Jonathan Victor v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Jonathan Victor ... Petitioner(s) Vs.

1. The District Collector, The Collectorate, Madurai District.

2. The Tahsildar, Office of the Tahsildar, Vadipatti Taluk, Madurai District.

3. The Village Administrative Officer, Kalvelipatti Village, Vadipatti Taluk, Madurai District.

4. Poomari ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondent nos. 1-3 to restore the adangal in petitioner name with respect to the property in R.S.No.172/2, situated at Vadipatti Taluk, Madurai District within the time stipulated by this Hon'ble Court.

For Petitioners :Mr. R.Manoharan 1/6

For Respondents :Mr.B.Ramanathan Addl. Government Pleader for R1 to R3

O R D E R

The present writ petition has been filed seeking restoration of the adangal in the name of the petitioner with respect to the property in R.S.No.172/2, situated at Vadipatti Taluk, Madurai District.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.

3. Learned counsel for the petitioner submits that the petitioner purchased the property in question from her vendor, Sonaiammal, through a sale deed dated 10.11.2003, registered as Document No.1821 of 2003. Subsequently, the vendor of the petitioner sought for cancellation of sale deed dated 10.11.2003 on the ground of fraud. Subsequently, the vendor sought cancellation of the said sale deed on the ground of fraud. The District Registrar, Madurai, cancelled the sale deed 2/6

without giving notice to the petitioner. Thereafter, the subject property was sold by Sonaiammal to the fourth respondent herein.

4. The cancellation of the petitioner's sale deed by the District Registrar was set aside by this Court by order dated 30.09.2024. The sale deed executed by Sonaiammal in favour of the fourth respondent (Poomari) was dated 11.08.2023.

5. The petitioner has filed a suit seeking a declaration that the sale deed executed in favour of the fourth respondent is null and void. The said suit is pending before the III Additional Sub Court, Madurai. Initially, the property had been sold to the petitioner in the year 2003 and the revenue records stood in her name. Meanwhile, on the basis of the sale deed executed in favour of the fourth respondent and the subsequent patta issued to her, the Village Administrative Officer made corresponding entries in the "Adangal" extract.

6. The fact remains that, since the civil court is seized of the issue regarding the ownership claimed by the fourth respondent, the civil court ought to have decided the interim application that was filed along with 3/6

the suit in O.S.No.1764 of 2023 by the petitioner. Therefore, the III Additional Sub Court, Madurai, is requested to dispose of the interim application filed by the petitioner, as expeditiously as possible.

7. With these observations, this writ petition stands disposed of. There shall be no order as to costs.

(K.SURENDER, J) 01.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 4/6

To

1. The District Collector, The Collectorate, Madurai District.

2. The Tahsildar, Office of the Tahsildar, Vadipatti Taluk, Madurai District.

3. The Village Administrative Officer, Kalvelipatti Village, Vadipatti Taluk, Madurai District.

4. The III Additional Sub Court, Madurai.

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K.SURENDER, J.

PKN 01.12.2025 6/6