Madras High Court
E.Vinoth Kumar vs The Executive Officer on 25 August, 2023
2023:MHC:4145
W.P.No.345 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.345 of 2023
and
W.M.P.No.329 of 2023
E.Vinoth Kumar ... Petitioner
Vs.
1.The Executive Officer,
Arulmighu Salaikarai Mariamman Koil,
Manjakuppam Cuddalore Taluk,
Cuddalore District.
2.The Tahsildar,
Cuddalore,
Cuddalore District.
3.The Revenue Divisional Officer (R.D.O),
(Sub Collector) Cuddalore Taluk,
Cuddalore District.
4.The District Revenue Officer (D.R.O),
Cuddalore Taluk and District.
5.The District Collector,
Cuddalore,
Cuddalore District. ... Respondents
Page 1 of 5
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W.P.No.345 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, to direct the 2nd respondent herein to grant
“Patta” to the petitioner in pursuance of the orders / judgement rendered in
A.S.No.44 of 2001 by the Sub Court, Cuddalore dated 10.10.2002.
For Petitioner : Mr.M.Arumugam
For R1 : Ms.Usha Raman
For R2 to R5 : Mr.E.Sundaram
Government Advocate
ORDER
The relief as such sought for in the present writ petition is to direct the
2nd respondent to grant patta to the petitioner in pursuance of the judgment
rendered in A.S.No.44 of 2001 by the Sub Court, Cuddalore dated
10.10.2002.
2. The learned counsel appearing on behalf of the 1st respondent /
Temple made a submission that challenging the judgment and decree passed
in A.S.No.44 of 2001, a Second Appeal in S.A.No.1084 of 2003 was filed
and is pending before this Court. More so, the learned counsel for the 1 st
respondent states that the subject property belonging to the Temple and in
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W.P.No.345 of 2023
this regard, they have raised an objection before the Registering Authority
under Section 22-A of the Registration Act, not to register any document.
3. This being the factum, the patta proceedings cannot be entertained
by the Revenue Authorities during the pendency of the civil litigations. More
so, second appeal is pending before the High Court of Madras. Thus, the
relief as such sought for cannot be considered.
4. Accordingly, this Writ Petition stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
25.08.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
https://www.mhc.tn.gov.in/judis
W.P.No.345 of 2023
To
1.The Executive Officer,
Arulmighu Salaikarai Mariamman Koil,
Manjakuppam Cuddalore Taluk,
Cuddalore District.
2.The Tahsildar,
Cuddalore,
Cuddalore District.
3.The Revenue Divisional Officer (R.D.O),
(Sub Collector) Cuddalore Taluk,
Cuddalore District.
4.The District Revenue Officer (D.R.O),
Cuddalore Taluk and District.
5.The District Collector,
Cuddalore,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
W.P.No.345 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.345 of 2023
25.08.2023
https://www.mhc.tn.gov.in/judis
