When a civil suit for declaration of title is pending, the court will not interfere with the cancellation of revenue records (patta) but may order status quo to protect the parties' interests until the civil suit attains finality.

PRAYER:-

Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent made in Ni.Mu.434/2025/A6 dated 28.02.2025 and to quash the same and consequently direct the respondents 1 to 5 to restore and maintain the petitioner’s patta and revenue records in S.No.3/6B to the extent of 492 square feet in Rasalampatti Village, Harur Taluk, Dharmapuri District.

For Petitioner(s): Mr.J.Pradeep

For Respondent(s): Mr.C.Jayaprakash

Govt Advocate For R1 to R5

ORDER

This writ petition has been filed challenging the impugned order dated 28.02.2025, passed by the 3rd respondent cancelling the petitioner’s patta for the property more fully described in the prayer to this writ petition.

2.Admittedly the petitioner has already filed a civil suit seeking for declaration that she is the absolute owner of the property more fully described in the prayer to this writ petition. The petitioner claims that despite the pendency of the civil suit, the 3rd respondent acting on the request made by the 6th respondent has cancelled the petitioner’s patta for the property more fully described in the prayer to this writ petition through the impugned order dated 28.02.2025.

3.Learned counsel appearing for the 6th respondent on instructions would submit that till the disposal of the civil suit, the 6th respondent will not interfere with the petitioner’s peaceful possession and enjoyment of the property more fully described in the prayer to this writ petition.

4.In reply, the learned counsel for the petitioner also on instructions would submit that, till the disposal of the civil suit filed against the 6th respondent in respect of the property more fully described in the prayer to this writ petition, no further proceeding will be initiated by the petitioner before the Revenue Authorities seeking for restoration of patta in the name of the petitioner for the property more fully described in the prayer to this writ petition. The said undertaking given by the petitioner is recorded by this Court.

5.When a civil suit is pending and the said suit was filed by the petitioner seeking for declaration that she is the absolute owner of the property more fully described in the prayer to this writ petition, the question of interfering with the impugned order 28.02.2025, passed by the 3rd respondent at this stage does not arise. However, the interest of the petitioner as well as the 6th respondent has to be protected till the disposal of the civil suits filed by each other.

6.After hearing the rival submissions, this Court issues the following directions:-

(a) Both the petitioner as well as the 6th respondent shall maintain status quo insofar as the property more fully described in the prayer to this writ petition.

(b) The petitioner shall not alienate or encumber the property more fully described in the prayer to this writ petition, till the disposal of the civil suits filed by both the petitioner and the 6th respondent against each other.

(c) The 6th respondent shall not interfere with the petitioner’s peaceful possession and enjoyment of the property more fully described in the prayer to this writ petition till the disposal of the civil suits filed by both the petitioner and the 6th respondent against each other.

(d) Only after the civil suits are disposed of and has attained finality, the respective parties viz., the petitioner and the 6th respondent shall approach the Revenue Authorities for the purpose of seeking mutation of t