Dismissed¶¶31

N.Shunmugavel v. The Thasildar

Madras HC5 Jun 2025WP(MD)/15230/2025

Case brief

AI extract

What is this about?

Keywords: patta; patta transfer cancellation; Writ of Mandamus; Article 226 of the Constitution of India; Thasildar Madurai West; Tamil Nadu land revenue administration; Sammatipuram Ponmeni Village Madurai District; Survey No. 90/7 T.S.No.48; 8.0 ares; partition deed 25.08.1975; O.S.No.1221 of 2004 decree; O.S.No.129 of 2024 Principal District Munsif Court Madurai; cancellation of sale deed; injunction; fraudulent resale by brother Muthuvel; alienee documents suppressing decrees; writ dismissed pending civil suit; disposal at admission stage by consent; notice to second respondent dispensed with; no costs; S.Sounthar J.; 05.06.2025; Neutral Citation Yes/No.

What did the court decide?

Liberty to the petitioner to workout his remedy before the civil Court in the pending suit (O.S.No.129 of 2024); no costs. ¶¶31

N.Shunmugavel Vs The Thasildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to workout his remedy before the civil Court in the pending suit (O.S.No.129 of 2024); no costs.

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Issue for consideration

Whether the first respondent (Thasildar, Madurai West) should be directed to consider the petitioner's application dated 07.04.2025 and issue patta for 8.0 ares in Survey No. 90/7 (T.S.No.48), Sammatipuram, Ponmeni Village, Madurai District. +1 more

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Ratio / Principle

Since the petitioner has already filed a suit for cancellation of the sale deed executed in favour of Paramasivam, and if that suit is decreed the authorities are automatically bound to cancel the patta issued in Paramasivam's name, the Court is not inclined to entertain the writ petition pending disposal of O.S.No.129 of 2024.

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Key takeaways

The writ petition is dismissed with liberty to the petitioner to work out his remedy before the civil Court in the pending suit; no costs.ratio¶¶31

Detailed headnote1 paragraphs

W.P.(MD) No.15230 of 2025 (Madras High Court, Madurai Bench; S.Sounthar J.; decided 05.06.2025): DISMISSED. Filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the Thasildar, Madurai West to consider the petitioner N.Shanmugavel's application dated 07.04.2025 and issue patta over 8.0 ares in Survey No. 90/7 (T.S.No.48), Sammatipuram, Ponmeni Village, Madurai District. Petitioner claimed title through a registered partition deed dated 25.08.1975, a sale deed pursuant to the decree passed in O.S.No.1221 of 2004, and as legal heir of his deceased wife; he alleged his brother Muthuvel fraudulently resold the property to one Sankaramoorthy and that respondent 2 (S.Paramasivam) interfered claiming under alienee documents executed by suppressing earlier decrees. The petitioner and his son were already pursuing O.S.No.129 of 2024 before the Principal District Munsif Court, Madurai, for cancellation of the sale deed executed in favour of Paramasivam and for injunction. HOLDING: since a decree of that suit would obligate the authorities to cancel the patta issued in Paramasivam's name, the Court was not inclined to entertain the writ petition pending disposal of the suit; petition dismissed with liberty to work out remedies before the civil Court. No costs. Taken up for final disposal at the admission stage by consent; notice to the second respondent dispensed with as prejudiced by neither party.

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W.P.(MD) No.15230 of 2025

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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

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DATED: 05.06.2025

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CORAM

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THE HONOURABLE MR. JUSTICE S.SOUNTHAR

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W.P.(MD) No.15230 of 2025

N.Shanmugavel

... Petitioner

1.The Thasildar, Madurai West, Madurai-Theni Main Road, Viratipatthu,

Madurai.

2.S.Paramasivam

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to consider the application of the petitioner dated 07.04.2025 and issue Patta to the property to an extent of 8.0 ares of lands in Survey No. 90/7(T.S.No.48) Sammatipuram, Ponmeni Village, Madurai District.

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For Petitioner : Mr.D.Senthil For R1 : Mr.A.Baskaran Additional Government Pleader

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

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W.P.(MD) No.15230 of 2025

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ORDER

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The petitioner herein seeks a direction to the first respondent to consider his application, dated 07.04.2025, and to issue patta to the property with an extent of 8.0 ares in S.No.90/7 (T.S.No.48) situated at Sammatipuram, Ponmeni Village, Madurai District.

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2.Heard the arguments of the learned counsel for the petitioner, Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the first respondent. In view of the order proposed to be passed in this Writ Petition, which would not cause any prejudice to the second respondent, notice to him is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

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3.It is seen from the affidavit filed in support of the writ petition and the representation submitted by the petitioner, dated 07.04.2025, before the first respondent that the petitioner claims right over the subject property under registered partition deed, dated 25.08.1975, sale deed, pursuant to the decree passed in O.S.No.1221 of 2004 and as legal heir of his deceased wife.

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

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W.P.(MD) No.15230 of 2025

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4.According to the petitioner, his brother, Muthuvel, who sold his share in the property to the petitioner's wife and son, fraudulently sold the subject property in favour of one Sankaramoorthy. The second respondent attempted to interfere with the petitioner's possession by claiming right under some registered documents executed by alienees of his brother by suppressing earlier decrees. The petitioner and his son filed a civil suit in O.S.No.129 of 2024 on the file of the Principal District Munsif Court, Madurai, seeking cancellation of the sale deed executed in favour of Paramasivam and for injunction and the said suit is pending. In the meantime, the petitioner submitted an application before the first respondent on 07.04.2025, seeking cancellation of patta transfer order issued in favour of Paramasivam and issuance of patta in the name of the petitioner and the same has not been considered till date. Hence, the petitioner has come before this Court.

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5.Admittedly, the petitioner has already filed a suit seeking cancellation of sale deed executed in favour of Paramasivam/the second respondent herein. If the said suit is decreed, automatically the authorities are bound to cancel the patta issued in the name of Paramasivam. In such circumstances, this Court is not inclined to 3/5

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

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W.P.(MD) No.15230 of 2025

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entertain the Writ Petition pending disposal of the Original Suit filed by the petitioner in O.S.No.129 of 2024.

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6.Accordingly, the Writ Petition stands dismissed with liberty to

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the petitioner to workout his remedy before the civil Court in the pending

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suit. No costs.