G.Srinivasan vs The District Revenue Officer
2023 Latest Caselaw 3889 Mad

                                                                              W.P(MD)No.7667 of 2023


                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED:06.04.2023

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                            W.P(MD).No.7667 of 2023
                                          and WMP(MD)No.7125 of 2023

                1. G.Srinivasan

                2. S.Selvarni
                                                                                    ... Petitioners

                                                         Vs

                1. The District Revenue Officer,
                   District Collector Office Campus,
                   Madurai District, Madurai- 625 020.

                2. Selvaraj V
                                                                                ... Respondents


                Prayer:Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorari, calling for the records of the
                first       respondent,   dated     06.03.2023   in   proceedings     Na.Ka.No.
                G5/E-117252/2022 quash the same as the same is arbitrary, in colorable
                exercise of power in suppression of O.S.No. 181 of 2022, on the file of the
                learned Sub Court, Usilampatti.




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https://www.mhc.tn.gov.in/judis
                                                                                 W.P(MD)No.7667 of 2023




                                  For Petitioner          :Mr. R.G.Shankar Ganesh
                                  For R1                  :Mr.N.Muthu Vijayan
                                                           Special Government Pleader


                                                       ORDER

Heard, Mr.R.G.Shankar Ganesh, the learned counsel appearing

for the petitioner and Mr.N.Muthu Vijayan, learned Special Government

Pleader appearing for the first respondent.

2.The writ petition has been filed questioning the issuance of

notice by the first respondent, dated 06.03.2023 in proceedings in Na.Ka.No.

G5/E-117252/2022, since it is stated that it is a colorable exercise of power in

suppression of pendency of O.S.No. 181 of 2022, on the file of the learned

Sub Court, Usilampatti.

3.If a suit is pending, the District Revenue Officer would never

know about the pendency, unless it is brought to his knowledge. In that suit,

the petitioners are the third and fourth defendants. The second respondent is

the second plaintiff. The suit had been filed, seeking a declaration that the

https://www.mhc.tn.gov.in/judis W.P(MD)No.7667 of 2023

suit property is the absolute property of the plaintiffs therein and for

permanent injunction, restraining the defendants, which also include the

petitioners herein from interfering with peaceful possession and for

declaration that the registered settlement deed, dated 26.07.2021 executed by

the first defendant in favour of the second defendant is null and void and for

declaration that the registered settlement deed, dated 22.09.2021 executed by

the second defendant in favour of the third defendant/second petitioner herein

is null and void and for declaration that the registered settlement deed, dated

28.02.2022 executed by the third defendant/second petitioner herein in favour

of the fourth respondent/first petitioner herein is null and void. It is thus seen

from the suit that the title claimed by the petitioners are put in question.

4.It is the contention of the learned counsel for the petitioners

that earlier one Chellam claiming to be the owner of the property, filed a suit

in O.S.No.19 of 1998, before the District Munsif, Usilampatti. That suit was

dismissed by Judgment and decree, dated 20.02.2001, against which, a First

Appeal had been filed in A.S.No.72 of 2001, before the Sub Court,

Usilampatti. It was also dismissed by Judgment and decree, dated

25.02.2010. Further, a Second Appeal was also filed in S.A.No.884 of 2011.

https://www.mhc.tn.gov.in/judis W.P(MD)No.7667 of 2023

The same had been dismissed as abated by Judgment and decree, dated

14.10.2020. It is therefore stated that the suit filed in O.S.No.181 of 2022,

before the District Munsif, Usilampatti is a re-litigation of the same issue

once again. This fact should be brought to the knowledge of the first

respondent.

5.A direction is given to the petitioners/third and fourth

defendants in O.S.No.181 of 2022 to point out before the first respondent,

about the earlier round of litigation and about the present suit pending and

impress upon the first respondent that since the suit is pending, it only

appropriate that the first respondent should refrain from passing order.

Thereafter, the first respondent shall take a decision, keeping in mind the

earlier Judgments and decrees and the fact that in the earlier litigation the

matter went upto second appeal and also the facts in O.S.No.181 of 2022 and

decide whether he can still decide upon the title of the properties or upon the

nature of property as per the revenue records.

https://www.mhc.tn.gov.in/judis W.P(MD)No.7667 of 2023

6.This Writ Petition stands dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

06.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No

PNM

To

1. The District Revenue Officer, District Collector Office Campus, Madurai District, Madurai- 625 020.

https://www.mhc.tn.gov.in/judis W.P(MD)No.7667 of 2023

C.V.KARTHIKEYAN,J.

PNM

ORDER IN W.P(MD).No.7667 of 2023 and WMP(MD)No.7125 of 2023

06.04.2023

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