Madras High Court
Balamurugan vs The District Collector on 6 November, 2023
W.P.(MD)No.13633 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.13633 of 2021
Balamurugan ... Petitioner
vs.
1.The District Collector,
The District Collector Office, Madurai 625 020.
2.The District Revenue Officer,
The District Collector Office Campus, Madurai 625 020.
3.The Revenue Divisional Officer,
Melur Revenue Divisional Office,
Vellari Patti, Melur Taluk, Madurai District.
4.The Thashildhar,
Melur Taluk Office,
Melur, Madurai District 625 106.
5.Vairavan
6.Vadam Vetti
7.Manthakalai ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents 1 to 4
to consider and pass appropriate orders based on the petitioner’s
representation dated 19.07.2021 and 28.07.2021 within the time fixed by
1/6
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W.P.(MD)No.13633 of 2021
this Court.
For Petitioner :Mr.S.A.Ajmal Khan
For R1 to R4 :Mr.B.Saravanan
Additional Government Pleader
For R7 :Mr.Babu Rajendran
*****
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus directing the respondents 1 to 3 to deal with the
representations made by the petitioner on 19.07.2021 and 28.07.2021,
wherein, the petitioner is seeking for the restoration of the names of the
persons with respect to the patta issued in Patta Nos.2905 and 2573.
2.Heard Mr.S.A.Ajmal Khan, learned Counsel for the petitioner,
Mr.B.Saravanan, learned Additional Government Pleader appearing on
behalf of the respondents 1 to 4 and Mr.Babu Rajendran, learned Counsel
appearing on behalf of the seventh respondent.
3.When the matter was taken up for hearing, the learned Counsel
for the seventh respondent submitted that even before filing of the Writ
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W.P.(MD)No.13633 of 2021
Petition, the respondents 5 and 6 had died and that during the pendency
of the Writ Petition, the seventh respondent also died.
4.The main ground that was raised by the petitioner is that there
was a joint patta that was given with respect to the property in S.No.
446/6 and that the patta stood in the names of his father and other
relatives. But, however, their names were deleted and that the names of
respondents 5 to 7 were added in the joint patta.
5.It is brought to the notice of this Court that during the pendency
of this Writ Petition, the petitioner and others have filed a suit in O.S.No.
153 of 2023 before the Subordinate Court, Melur seeking for the relief of
partition and that the same is pending.
6.In the considered view of this Court, the entitlement of the rights
over the subject property has to be established before the Civil Court in
the pending suit and that apart, the petitioner must also independently
establish his right before the Civil Court. Based on the judgment and
decree passed by the Civil Court, the same can be acted upon by the
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W.P.(MD)No.13633 of 2021
revenue authorities. Till then, the revenue authorities cannot parallelly
deal with the representation made by the petitioner.
7.In view of the same, it is left open to the petitioner to agitate his
right before the competent civil Court in the pending suit and the same
will be dealt with on its own merits and in accordance with law.
Depending upon the result in the suit, it is left to the petitioner to
approach the revenue authorities and seek for inclusion of the names in
the patta. Except giving this clarification, no further orders can be
passed in this Writ Petition.
8.The Writ Petition is disposed of accordingly. No costs.
Index :Yes / No 06.11.2023
Internet :Yes
NCC : Yes/No
cmr
To
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13633 of 2021
1.The District Collector,
The District Collector Office, Madurai 625 020.
2.The District Revenue Officer,
The District Collector Office Campus, Madurai 625 020.
3.The Revenue Divisional Officer,
Melur Revenue Divisional Office,
Vellari Patti, Melur Taluk, Madurai District.
4.The Thashildhar,
Melur Taluk Office,
Melur, Madurai District 625 106.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13633 of 2021
N.ANAND VENKATESH, J.
cmr
W.P.(MD)No.13633 of 2021
06.11.2023
https://www.mhc.tn.gov.in/judis
