A writ petition challenging the mutation of revenue record. The Court held that the civil suits did not seek title declaration and alternative remedies existed. The petition was disposed of without restraining the enquiry.
No restraint on the Revenue Divisional Officer to proceed with the mutation enquiry.
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.71 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.71 of 2023 and W.M.P.(MD)Nos.85 & 86 of 2023
1.Chinnaponnammal
2.Vadivel
3.Senthilkumar
4.Vijaya
5.Mokkayee
6.Marimuthu @ Chandrasekar 7.Ellammal ... Petitioners
Vs.
1.The District Collector, Office of the District Collectorate, Trichy, Trichy District.
4.A.Navaneethakrishnan ... Respondents
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W.P(MD)No.71 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the second respondent from proceeding with the enquiry in Na.Ka.(A7)/3261-2020 pending disposal of the civil Suit in O.S.No.99 of 2021 and O.S.No.100 of 2021 on the file of the II and IIIrd Additional District Munsif Court, Trichy respectively.
For Petitioner : Mr.S.I.Muthiah
For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 & R2
: Mr.H.Arumugam for R3 & R4
ORDER
Heard the learned counsel on either side.
the second respondent for mutation of revenue record. The second respondent had issued notice to all the interested parties. At this stage, the present writ petition has been filed for forbearing the second respondent from proceeding with the enquiry till the disposal of the petition mentioned suits. The petition mentioned suits have not been filed for declaration of title as such. They have been instituted to secure declaration that the partition decree obtained by the private respondents is not binding on the petitioners herein. Such a suit will not
fall within the scope of Rule 4(4) of Tamil Nadu Patta Pass Book Rules.
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W.P(MD)No.71 of 2023
13.02.2023 Index : Yes / No Internet : Yes/ No rmi
G.R.SWAMINATHAN, J.
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W.P(MD)No.71 of 2023
rmi
To
W.P(MD)No.71 of 2023
13.02.2023
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2 issues framed by the court
Whether the Revenue Divisional Officer should be restrained from proceeding with mutation enquiry pending unrelated civil suits by petitioners.
Whether petitioners seeking only non-binding declaration on partition decree fall within scope of Tamil Nadu Patta Pass Book Rules.
Chinnaponnammal and others
The District Collector
The Revenue Divisional Officer
A.Parthasarathy
A.Navaneethakrishnan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
