Dismissed¶27

Arumugam v. The District Collector

Madras HC4 Mar 2025WA(MD)/1414/2022

Case brief

AI extract

What is this about?

Writ appeal W.A.(MD)1414/2022, Madurai Bench, Madras HC, dt. 04.03.2025, G.R. Swaminathan J. (author) & M. Jothiraman J.: appellant Arumugam's patta cancelled; W.P.(MD)23930/2017 disposed by Single Judge (26.11.2021) deferring rights to O.S. 113/2016, Dist. Munsif Ct. Paramakudi; suit lost, A.S. 4/2024 filed before Sub Ct. Paramakudi; Bench ruled rights abide by A.S. 4/2024 outcome, dismissed appeal, no costs, connected C.M.P.(MD)11350/2022 closed; Clause XV Letters Patent; parties incl. District Collector Ramanathapuram, Sub Collector Paramakudi, R.Pathul Jaman; counsel M.Kannan, G.V.Vairam Santhosh AGP, D.Senthil.

What did the court decide?

None; writ appeal dismissed with no costs and the connected miscellaneous petition (C.M.P.(MD)No.11350 of 2022 per caption) closed. ¶27

Arumugam Vs The District Collector — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; writ appeal dismissed with no costs and the connected miscellaneous petition (C.M.P.(MD)No.11350 of 2022 per caption) closed.

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Issue for consideration

Whether the writ appeal filed under Clause XV of the Letters Patent should be allowed and the Single Judge's order dated 26-11-2021 in W.P.(MD).No.23930 of 2017 set aside. +1 more

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Court's answer

Having regard to the counsel's concession that the suit (O.S.No.113 of 2016) went against the appellant and that he has since filed A.S.No.4 of 2024 before the Sub Court, Paramakudi, the rights of the parties will abide by the outcome of A.S.No.4 of 2024.

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Ratio / Principle

No further observation is warranted in this writ appeal and the writ appeal is dismissed, without costs; consequently, the connected miscellaneous petition is closed.

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Detailed headnote1 paragraphs

Writ Appeal (Clause XV of the Letters Patent), W.A.(MD)No.1414 of 2022, Madurai Bench of Madras High Court, judgment dated 04.03.2025 delivered by G.R.Swaminathan, J., with M.Jothiraman, J., bench member; connected petition C.M.P.(MD)No.11350 of 2022. Appellant Arumugam's patta having been cancelled by the revenue authorities (District Collector, Ramanathapuram; Sub Collector, Paramakudi) while civil suit O.S.No.113 of 2016 (District Munsif Court, Paramakudi) was pending, his writ petition W.P.(MD)No.23930 of 2017 was disposed of by the learned Single Judge on 26.11.2021 with an observation that the parties' rights would abide by that suit's outcome; appellant appealed seeking setting aside of that order. At the hearing, appellant's counsel conceded the suit went against the appellant and that A.S.No.4 of 2024 had been filed before the Sub Court, Paramakudi. The Bench held the parties' rights will abide by the outcome of A.S.No.4 of 2024, made no further observation, dismissed the writ appeal without costs, and closed the connected miscellaneous petition. Respondents' side counsel: G.V.Vairam Santhosh, Addl. Government Pleader (R1 & R2); D.Senthil (R3). No monetary quantum involved.

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W.A.(MD)No.1414 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.A.(MD)No.1414 of 2022 and C.M.P.(MD)No.11350 of 2022

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Arumugam

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... Appellant / Petitioner

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Vs.

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1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Sub Collector, Paramakudi, Ramanathapuram District.

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3.R.Pathul Jaman ... Respondents / Respondents

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Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal and set aside the order dated 26-11-2021 passed in

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W.P.(MD).No.23930 of 2017 on the file of this Court.

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1/4

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.1414 of 2022

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For Appellant : Mr.M.Kannan

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For Respondents : Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1 & R2. Mr.D.Senthil for R3.

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JUDGMENT (Judgment of the court was delivered by G.R.Swaminathan, J.)

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Heard both sides.

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2.The appellant's patta was cancelled. Questioning the same, the appellant filed W.P.(MD)No.23930 of 2017. The contention projected by the appellant before the learned Single Judge was that since civil court is seized of the matter, the revenue authority could not have cancelled the patta. However, the learned Single Judge disposed of the writ petition with an observation that the rights of the parties would abide by the outcome of O.S.No.113 of 2016 on the file of the District Munsif Court, Paramakudi. Challenging the said order dated 26.11.2021 made in W.P.(MD)No.23930 of 2017, this writ appeal came to be filed.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.1414 of 2022

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3.When the matter was taken up for hearing, the learned counsel

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for the appellant fairly submitted that the suit went against the appellant and that he has since filed A.S.No.4 of 2024 before the Sub Court, Paramakudi. The rights of the parties will abide by the outcome of A.S.No.4 of 2024. No further observation is warranted in this writ appeal and the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S. J.,) & (M.J.R. J.,) 04.03.2025

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:

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