The Court closed the Writ Petition for issuance of patta, holding that the matter cannot be decided due to a pending civil suit regarding the land. Liberty was granted to renew the application after the civil decision. No costs.
The Writ Petition is closed with liberty to renew application after final decision in the pending civil suit. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.33334 of 2013
S.Palanimuthu ... Petitioner Vs. 1.The District Collector, Perambalur. 2.The Tahsildar, Veppanthattai Taluk, Perambalur District. ... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 07.10.2013 for issuance of patta. For Petitioner : Mr.K.Murugesan For Respondents: Mrs.K.Bhuvaneswari, Additional Government Pleader O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 07.10.2013 seeking for issuance of patta.
2.Mr.K.Murugesan, learned counsel appearing for the petitioner submitted that one Velayudham and others have filed a Civil Suit in O.S.No.64 of 2014 on the file of the District Munsif Court, Perambalur for declaration and for other reliefs, which was subsequently transferred to the file of the District Munsif cum Judicial Magistrate, Veppanthattai and the said suit is pending. The learned counsel appearing for the petitioner submitted that in view of the pendency of the suit in respect of the land in question, the present Writ Petition may be closed and liberty may be given to the petitioner to renew the application, after the issue involved in the Civil Suit is decided finally.
3.Mrs.K.Bhuvaneswari, learned Additional Government Pleader appearing for the respondents submitted that such liberty can be given to the petitioner.
4.Having regard to the submissions made by the learned counsel on either side, since the Civil Suit is pending between the petitioner and other private parties in respect of the land in question, the present Writ Petition seeking for issuance of patta cannot be granted. Therefore, the Writ Petition is closed. However, it is open to the petitioner to give a fresh representation after a final decision in the civil dispute between the parties. No costs.
Sd/Assistant Registrar(CO MDU)
//True copy//
Sub Assistant Registrar
va
To
1.The District Collector,
Perambalur.
2.The Tahsildar,
Veppanthattai Taluk,
Perambalur District.
+1cc to Government Pleader SR.No.26706
W.P.No.33334 of 2013
SKS(CO)
GMY(21/08/2020)
1 provisions across 1 enactments
S.Palanimuthu
District Collector, Perambalur
Tahsildar, Veppanthattai Taluk, Perambalur District
M.Duraismam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
