Madras High Court
Muthuramalingam vs The District Collector on 3 February, 2025
W.P.(MD) No.2989 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.2989 of 2025
Muthuramalingam ... Petitioner
-vs-
1.The District Collector
Tenkasi District
Tenkasi
2.The Commissioner
Sankarankovil Panchayat
Sankarankovil
Tenkasi District
3.Suresh ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the respondents 1 and 2 to consider the
petitioner's representation dated 09.10.2024.
For Petitioner : Mr.T.Selvan
For Respondents : Mr.K.Selva Ganesan
Additional Government Pleader for R1
Mr.M.Rajarajan
Standing Counsel for R2
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Page 1 of 4
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.2989 of 2025
ORDER
The petitioner has made a claim against the property bearing Door
Nos.21, 21/1 and 21/2, situated at Lakshmipuram, Sankarankovil
Panchayat, Tenkasi District, by instituting a suit in O.S.No.15 of 2007, on the
file of the Court of the Sub Judge, Sankarankovil. The said suit was
dismissed and the appeal filed against the said Judgment was also dismissed
by the Court of the III Additional District Judge, Tirunelveli, in A.S.No.26 of
2015. Aggrieved thereby, the petitioner claims to have filed an appeal in S.A.
(MD) No.378 of 2018, on the file of this Court and the same is pending.
2. Admittedly, no interim order is passed in the said second
appeal. During the pendency of the said second appeal, the other parties, who
have succeeded before the Trial Court as well as the Lower Appellate Court
appear to have sold a portion of the property in favour of a third party and the
said property now appears to have been mutated in the name of the third
party, by name, Mr.Suresh Kumar. Aggrieved by the said mutation, the
petitioner has approached this Court by filing the present writ petition
complaining that he was not put on notice before changing the entries in the
property tax register and also on the ground that the said transfer was made
during the pendency of the litigation before this Court.
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https://www.mhc.tn.gov.in/judis
3. This Court, after examining the matter thoroughly, is convinced
that unless and until the petitioner obtains appropriate interim order in the
pending second appeal or succeed in the said matter, he cannot make any
claim against the property in question and has no locus to object for mutation
or change of entries in the property tax register in respect of the property in
question.
4. In such circumstances, this Court does not find any merit in
the writ petition and the same is, accordingly, dismissed. However, it is left
open to the petitioner to work out his remedy either in the pending second
appeal or otherwise in accordance with law. No costs.
03.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The District Collector,
Tenkasi District,
Tenkasi.
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https://www.mhc.tn.gov.in/judis
MUMMINENI SUDHEER KUMAR, J.
krk
03.02.2025
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https://www.mhc.tn.gov.in/judis
