Rajendran vs The Tahsildar
2022 Latest Caselaw 14809 Mad

                                                                           W.P(MD)No.287 of 2015


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 05.09.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                             W.P(MD)No.287 of 2015
                                                    and
                                              M.P(MD)No.1 of 2015


                     Rajendran,
                                                                                    : Petitioner

                                                        Vs

                     1. The Tahsildar,
                     Aranthangi Taluk,
                     Pudukkottai District

                     2. Kalandhar Mohideen,

                     3. Sakthivel,
                                                                                : Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, directing the first
                     respondent to refrain from transferring patta for land in Survey No.
                     169/1, extent of 14 acres at Nattumangalam Village, Aranthangi Taluk,
                     Pudukkottai District.




https://www.mhc.tn.gov.in/judis
                                                                               W.P(MD)No.287 of 2015


                                       For Petitioner     : Mr.N.B.Balakrishnan

                                       For R1             : Mr.M.Lingadurai
                                                            Special Government Pleader

                                       For R2             : Mr.Karthik Raja
                                                            For M/s.Ajmal Associates

                                       For R3             : Mr.D.Nallathambi

                                                          ORDER

*************

The present writ petition had been filed seeking a Mandamus,

forbearing the first respondent herein from transferring the patta for land

in S.No.169/1 measuring to an extent of 14 acres situated at

Nattumangalam Village, Aranthangi Taluk, Pudukkottai District.

2.According to the petitioner, originally settlement patta was

granted in the name of the petitioner's father and mother along with the

father of the third respondent, namely Muthiah Thevar. All the joint

pattadhars had passed away. A suit for partition was filed in O.S.No.44 of

2004, on the file of the learned Principal District Munsif Court,

Pudukottai and the same was dismissed. Thereafter, the plaintiff therein

had filed an Appeal in A.S(MD).No.638 of 2011, before this Court. This

Court allowed the said Appeal and remitted the matter to the Trial Court.

Hence, as on today, the suit in O.S.No.44 of 2004 is pending for disposal.

https://www.mhc.tn.gov.in/judis W.P(MD)No.287 of 2015

3.In view of the above said pendency of the suit for partition, the

revenue authorities will not have any jurisdiction to entertain any request

for transfer of patta. As on today, the patta stands in the name of Samuel

Thevar and his wife and Muthaih thevar. The said position shall

continue till the disposal of the said suit. Based on the civil Court

judgment, the parties are at liberty to approach the revenue authorities for

effecting mutation.

4.With the above observation, this writ petition stands disposed of.

No costs. Consequently, connected miscellaneous petition is closed.

05.09.2022

Index:Yes/No lr

To

The Tahsildar, Aranthangi Taluk, Pudukkottai District

https://www.mhc.tn.gov.in/judis W.P(MD)No.287 of 2015

R.VIJAYAKUMAR, J.

lr

ORDER MADE IN W.P(MD)No.287 of 2015

05.09.2022

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