S.Murugan vs The District Collector
2022 Latest Caselaw 14277 Mad

                                                                           W.P.(MD).No.14293 of 2013

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 10.08.2022

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                           W.P.(MD).No.14293 of 2013
                                                     and
                                             M.P(MD)No.1 of 2013

                     S.Murugan                                                   ... Petitioner

                                                         Vs.

                     1.The District Collector,
                       Tirunelveli.

                     2.The Zonal Deputy Thasildhar,
                       Radhapuram Taluk,
                       Tirunelveli District.

                     3.Patchaimal @ Paulraj Nadar                                ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, forbearing the
                     second respondent from conducting enquiry in respect of change of patta
                     in pursuant to his notice in A3/RTR/15392/12, dated 01.02.2013 and
                     consequently direct the second respondent to defer the above
                     proceedings until disposal of the suit in O.S.No.267 of 2010 pending on
                     the file of the Principal District Munsif Court, Valliyoor pending on the
                     file of the Principal District Munsif Court, Valliyoor.

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                           W.P.(MD).No.14293 of 2013




                                     For Petitioner    : Mr.H.Arumugam

                                     For R-1 & R-2     : Mr.N.Muthuvijayan
                                                         Special Government Pleader
                                     For R-3           : M/s.V.Muthukamatchi


                                                        ORDER

The present Writ Petition has been filed challenging the second

respondent herein from conducting any enquiry in the patta proceedings

until the suit in O.S.No.262 of 2010 pending on the file of the Principal

District Munsif Court, Valliyoor is disposed of.

2. According to the learned Special Government Pleader for

the first and second respondents, the above said suit filed by the

petitioner was dismissed on merits on 19.10.2019. However, the learned

Counsel for the writ petitioner submits that challenging the said

judgment and decree, they have filed A.S.No.80 of 2019 on the file of the

Sub Court, Valliyoor. Hence, the prayer sought for in the present writ

petition has become infructuous. However, the petitioner is at liberty to

approach the revenue authorities again depending upon the result in

https://www.mhc.tn.gov.in/judis W.P.(MD).No.14293 of 2013

A.S.No.80 of 2019. The revenue authorities can proceed further with the

enquiry. However, any order passed by the revenue authorities will be

subject to the result of A.S.No.80 of 2019 on the file of the Sub Court,

Valliyoor.

3. The writ petition stands closed. There shall be no order as to

costs. Consequently, connected Miscellaneous Petition is closed.

                                                                                   10.08.2022
                     Index          :      Yes / No
                     Internet       :      Yes / No
                     btr

                     To

                     1.The District Collector,
                       Tirunelveli.

                     2.The Zonal Deputy Thasildhar,
                       Radhapuram Taluk,
                       Tirunelveli District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.14293 of 2013

R.VIJAYAKUMAR, J.

btr

Order made in W.P.(MD).No.14293 of 2013

10.08.2022

https://www.mhc.tn.gov.in/judis