The petitioner sought a writ of mandamus to stop the Tahsildar from changing revenue records pending a specific performance suit regarding a disputed property sale agreement. The High Court dismissed the petition.
The Writ Petition is disposed of with observation that rights must be established in Civil Court before approaching Revenue Authorities.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.08.2019
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM
W.P.No.10459 of 2010 & M.P.No.1 of 2010
R.S.Mahendiran @ Magi ... Petitioner
Vs
1.The Tahsildar,
Vaniyambadi Taluk,
Vaniyambadi,
Vellore District.
2.N.Shabiha Begum,
3.M.Mohamed Nazir,
4.M.Muneer Ahmed,
5.K.Devaraj
6.Annamalai ... Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the first respondent from effecting any change in the revenue records in respect of T.S.No.59/2, now sub divided as T.S.No.59/2B2, Ward-F, Block 26 of Thirumanjolai Village, Vaniyambadi Taluk, Vellore District having an extent of 1.69 acres in favour of respondents 5 and 6 pursuant to the petitioner's objection dated 06.05.2010.
For Petitioner: Mr.G.Jeremiah
For Respondents: Mr.D.Suriyanarayanan
Additional Government Pleader for R1 Ms.P.Lakshmi for R2 to R4 Ms.C.Vasanthakumari for R5 Mr.R.Saravanakumar for R6
O R D E R
Heard Mr.G.Jeremiah, learned counsel for the petitioner; Mr.D.Suriyanarayanan, learned Additional Government Pleader for the first respondent; Ms.P.Lakshmi, learned counsel for the respondents 2 to 4; Ms.C.Vasanthakumari, learned counsel for the fifth respondent; Mr.R.Saravanakumar, learned counsel for the sixth respondent and perused the materials placed on record.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
The Tahsildar,
Vaniyambadi Taluk,
Vaniyambadi,
Vellore District.
+1cc to the Government Pleader Sr.67547
+1cc to M/s.E.VedaBagath Singh, Advocate Sr.67733
W.P.No.10459 of 2010 &
M.P.No.1 of 2010
ppa[co]
srg 16/09/2019
2 issues framed by the court
Whether a writ petition for forbearance to alter revenue records can be entertained while the petitioner is only an agreement holder and his rights are disputed.
Whether a mere agreement to sell creates a right sufficient to approach Revenue Authorities before establishing title in a civil court.
1 provisions across 1 enactments
R.S.Mahendiran @ Magi
The Tahsildar, Vaniyambadi Taluk
N.Shabiha Begum
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
