This petition challenged an impugned revenue order. The Court noted the existence of a pending civil suit and interim stay. It disposed of the petition by allowing parties to work out their remedy via the civil suit.
Disposed by giving liberty to parties to work out remedy on the outcome of the Civil Suit; Impugned order kept under abeyance.
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.
W.P.(MD)No.12239 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.12239 of 2014 and
M.P.(MD)No.1 of 2014
M.Thangapandiyan
... Petitioner
versus
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorari, to call for records
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pertaining to impugned order of the respondent No.1 in Ni.Mu/B2/362672013 dated 25.06.2014 on the file of the respondent No.1 and quash the same as illegal.
For Petitioner : Mr.S.Rajasekar For R1 to R3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R4 : Mr.V.Panneerselvam
ORDER
This writ petition is filed as against the order of the first respondent/the District Revenue Officer, Virudhunagar, dated 25.06.2014 passed under the Patta Pass Book Act.
the fourth respondent has already filed a Civil Suit before the District Munsif Court, Aruppukottai in O.S.No.278 of 2013 and later, it has been transferred to the District Munsif cum Judicial Magistrate, Tiruchuli and re-numbered as O.S.No.240 of 2021. He further submits
that in the said suit, trial has been completed and when the case has been listed for argument, at that time, the fourth respondent/plaintiff
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has filed interlocutory applications for amendment, which were dismissed by the trial Court by order dated 04.07.2022. As against the same, she has also filed CRP(MD)Nos.1524 and 1525 of 2022 and this Court has also granted an order of interim stay. In view of the stay granted by this Court, the said suit could not be proceeded further.
also confirmed the same and submits that the fourth respondent is ready
to co-operate for early disposal of the suit as well as the Civil Revision Petitions pending before this Court.
both the parties are ready to co-operate for early disposal of the Civil
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W.P.(MD)No.12239 of 2014
Revision Petitions as well as the Suit, this writ petition is disposed of by giving liberty to the parties to work out their remedy on the outcome of the Civil Suit. Till then, the order passed by the District Revenue Officer, Virudhunagar, in Ni.Mu/B2/362672013 dated 25.06.2014 shall be kept under abeyance.
09.06.2023
ogy NCC : Yes / No. Index : Yes / No. Internet: Yes / No.
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W.P.(MD)No.12239 of 2014
To
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W.P.(MD)No.12239 of 2014
B.PUGALENDHI, J.
ogy
W.P.(MD)No.12239 of 2014
09.06.2023
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2 issues framed by the court
Whether the writ petition challenging the impugned revenue order should be dismissed in favour of the rights accruing from the pending civil suit between the parties.
Whether the impugned order dated 25.06.2014 should be kept under abeyance pending the outcome of the civil suit and civil revision petitions.
1 provisions across 1 enactments
M.Thangapandiyan
The District Revenue Officer, Virudhunagar District
The Revenue Divisional Officer, Aruppukkottai
The Tahsildar, O/o. Tahsildhar, Thiruchuli
S.Kalyani
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
