Petitioner challenged patta mutation in favour of the sixth respondent while her civil suit appeal in O.S.No.90 of 2008/A.S.No.31 of 2018 was pending. The Court held that any patta transfer would not affect parties' rights and would follow the decree; writ petition dismissed.
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W.P.No.8741 of 2024 and W.M.P.Nos.9754 & 9755 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.8741 of 2024
and W.M.P.Nos.9754 & 9755 of 2024
Jayanthi
Petitioner
versus
8.S.Gopalakrishnan
Respondents
1/5
W.P.No.8741 of 2024 and W.M.P.Nos.9754 & 9755 of 2024
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to impugned joint patta mutated in favour of 6 th respondent passed by the 4 th respondent on 19.12.2023 in Patta No.382 in respect of Survey No.160/2-I, situate at Mangarasavalayapalaiyam Village, Avinashi Taluk, Tiruppur District and to quash the same, consequently direct the 2 nd and 4 th respondent to restore the patta in favour of petitioner based on the petitioner's representation dated 21.12.2023.
For Petitioner : Mr.C.Prabakaran For Respondent Nos.1 to 5 : Mr.A.Selvendran Special Government Pleader
O R D E R
This Writ Petition has been filed challenging the mutation of patta in favour of the sixth respondent passed by the fourth respondent dated 19.12.2023 and also to direct the respondents 2 and 4 to restore the patta in favour of petitioner based on her representation dated 21.12.2023.
2. Challenge has been made to the effect that the petitioner has filed a Civil Suit in O.S.No.90 of 2008 before the District Munsif Court, Avinashi and also an Appeal has been filed in A.S.No.31 of 2018 before the Sub Court, Avinashi. The objections of the petitioner have not been considered and hence, she challenges the transfer of patta.
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W.P.No.8741 of 2024 and W.M.P.Nos.9754 & 9755 of 2024
3. It is seen that a suit filed in O.S.No.90 of 2008 before the
District Munsif Court, Avinashi, was already disposed of and the Appeal filed in A.S.No.31 of 2018 before the Sub Court, Avinashi, is pending. A mere transfer of patta by any of the parties will not take away the rights of the parties, who have succeeded in the Civil Suit. In the event, the petitioner succeeds in the Civil Suit, any transfer made by the Revenue Authorities will not bind the petitioner and the mutation shall take effect on the basis of the result of the decree and judgment.
4. In such view of the matter, I do not find any merits in this Writ
Petition and the same is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
02.04.2024 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No
sri
3/5
W.P.No.8741 of 2024 and W.M.P.Nos.9754 & 9755 of 2024
To
4/5
W.P.No.8741 of 2024 and W.M.P.Nos.9754 & 9755 of 2024
N.SATHISH KUMAR, J.
sri
W.P.No.8741 of 2024 and W.M.P.Nos.9754 & 9755 of 2024
02.04.2024 [2/2]
5/5
1 issue framed by the court
Whether the mutation of joint patta in favour of the sixth respondent could be challenged while a civil suit appeal was pending.
1 provisions across 1 enactments
Jayanthi
The District Collector, Tiruppur District, Tiruppur
The District Revenue Officer, Tiruppur
The Revenue Divisional Officer, Tiruppur
The Tahsildar, Avinashi Taluk, Tiruppur District
The Sub-Registrar, Punjaipuliyampatti Sub Registration Office, Avinashi Taluk, Tiruppur District
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
