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Panneer Selvam v. The District Revenue Officer

DISPOSED OF
Court
High Court of Madras
Decided
7 December 2023
Bench
G.R.Swaminathanauthor
Case no.
WP(MD) 28992/2023

Judgment

O R D E R Heard the learned counsel appearing for the writ petitioners and the learned Additional Government Pleader appearing for respondents 1 and 2.

¶2The main prayer in the writ petition is in the form of interim relief. The Hon'ble Supreme Court in the decision reported in AIR 1952 SC 12 (State of Orissa V. Madan Gopal Rungta) had held that such a prayer cannot be maintained.

¶3The petitioners have to necessarily work out their rights in the pending civil suit. Whatever changes are alledgedly made in the revenue record are subject to the outcome of the civil suit. Therefore, the question of interfering the matter at this stage does not arise. 3 W.P.(MD)NO.28992 OF 2023

¶4At this stage, the learned counsel appearing for the petitioners submitted that the petitioners will file an IA in the pending suit. If such an IA is filed, the same shall be numbered immediately and disposed of on merits and in accordance with law as expeditiously as possible. It is open to the petitioners to make the revenue authorities as parties in the IA, even they are not defendants in the main suit.

¶5With these observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

07.12.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 08.12.2023. To:

¶1The District Revenue Officer, Pudukkottai.

¶2The Tahsildar, Karambakudi Village, Pudukkottai. 4 W.P.(MD)NO.28992 OF 2023 G.R.SWAMINATHAN,J. PMU W.P.(MD)No.28992 of 2023

07.12.2023

Case details

Parties and counsel

1 W.P.(MD)NO.28992 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28992 of 2023 AND W.M.P.(MD)No.25033 of 2023 1. Panneer Selvam 2. Durairaj ... Petitioners Vs. 1. The District Revenue Officer, Pudukkottai. 2. The Tahsildar, Karambakudi Village, Pudukkottai. 3. Selvaraj 4. Thamarai Selvam 5. Logambal 6. Mallika ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from making any entry of modification in the revenue entries in the patta, pending the suit in O.S.No.220 of 2023 on the file of the District Munsif Court, Karambakudi. 2 W.P.(MD)NO.28992 OF 2023 For Petitioners : Mr.K.K.Udayakumar, for Mr.H.Arumugam. For R-1 & R-2 : Mr.M.Prakash, Additional Government Pleader. * * *

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.