Madras High Court
D.Rajesh vs The Collector on 1 August, 2022
W.A.No.1591 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.08.2022
Coram:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HONOURABLE MRS.JUSTICE N.MALA
W.A.No.1591 of 2022
and
C.M.P.Nos.10583 and 10584 of 2022
--
1.D.Rajesh
2.D.Harish
3.Dayalan Naidu. ... Appellants
Vs.
1.The Collector,
Tiruvallur District,
Tiruvallur.
2.The Revenue Divisional Officer,
Ponneri Taluk,
Tiruvallur District.
3.The Tahsildar,
Ponneri Taluk,
Tiruvallur District.
4.S.Jaffer Hussain
5.C.VasanthKumar ... Respondents
Writ Appeal is filed under Clause 15 of the Letter Patents Act against the
order dated 25.05.2022 passed by the learned Single Judge, in W.P.No.13268 of
2022, on the file of this Court.
Page No.1/5
https://www.mhc.tn.gov.in/judis
W.A.No.1591 of 2022
For Appellants : Mr.C.V.Shailandhran
For Respondents : Mr.P.Muthukumar, State Govt. Pleader
R1 to R3 assisted by Mr.KMD.Mugilan, Govt. Advocate
For Respondent No.5 : Mr.P.Chandrasekaran
JUDGMENT
(The Judgment of the Court was delivered by The Honourable Chief Justice)
This Writ Appeal has been filed challenging the order dated 25.05.2022 in
W.P.No.13268 of 2022. It is to seek modification of the order where, pending
Civil litigation between the parties and decree thereupon in favour of the
respondent in the appeal, the learned Single Judge has directed to maintain
status-quo till the pendency of the Civil litigation between the parties.
2.The learned counsel for the writ appellant submits that other than the
property involved in the civil litigation, there are other properties, for which also,
status-quo order has been passed. The aforesaid needs to be clarified.
3. The learned counsel for the respective respondents submits that all the
properties are the subject matter of the civil litigation, and thus, the learned
Single Judge has rightly passed an order to maintain the status-quo, because,
Page No.2/5
https://www.mhc.tn.gov.in/judis
W.A.No.1591 of 2022
during the pendency of the civil litigation the Revenue Authority has no
Jurisdiction to pass the order or to cancel the Patta.
4. We have considered the submissions and find that, even as per the
appellants, they have no objection to maintain the status-quo order for those
properties which are subject matter of civil litigation. Accordingly, the order of
the learned Single Judge is maintained. It is however with a clarification that if
other than the property under civil litigation, if any other property exists, it would
not be the subject matter of the order passed by the learned Single Judge.
5. With the aforesaid observations, the Writ Appeal is disposed of. There
shall be no order as to costs. Consequently, C.M.Ps. are closed.
(M.N.B., C J) (N.M.,J)
01.08.2022
Speaking Order: Yes/no
dsn/cs
To
Page No.3/5
https://www.mhc.tn.gov.in/judis
W.A.No.1591 of 2022
1.The Collector,
Tiruvallur District,
Tiruvallur.
2.The Revenue Divisional Officer,
Ponneri Taluk,
Tiruvallur District.
3.The Tahsildar,
Ponneri Taluk,
Tiruvallur District.
Page No.4/5
https://www.mhc.tn.gov.in/judis
W.A.No.1591 of 2022
THE HONOURABLE CHIEF JUSTICE
and
N.MALA, J
cs
W.A.No.1591 of 2022
01.08.2022
Page No.5/5
https://www.mhc.tn.gov.in/judis
