IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Surender, J
Vaidhegi – Appellant
Versus
The District Collector – Respondent
Writ Petition | Article 226 | O.S.No.476 of 2025
| Table of Content |
|---|
| 1. writ petition is disposed with no order as to costs. (Para 6) |
| 2. pending civil suit affects revenue record mutation. (Para 1 , 3) |
| 3. consent for final disposal at admission stage. (Para 2) |
| 4. adjudication for mutation lies with civil court. (Para 4 , 5) |
6.Kothaiyammal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the second to third respondents from mutating the revenue records in favour of the fifth and sixth respondents till the disposal of the Civil Suit in O.S.No.476 of 2025 on the file of the Additional District Munsif Court, Lalgudi by considering the petitioner’s representations dated 12.12.2025 and 13.01.2026.
For Petitioner : Mr.S.B.Kayvin Prince For R1 to R3 : Mr.B.Ramanathan Additional Government Pleader *****
O R D E R
This Writ Petition has been filed seeking issuance of a writ of mandamus forbearing the second and third respondents from mutating the revenue records in favour of the fifth and sixth respondents pending disposal of O.S.No.476 of 2025 on the file of the Additional District Munsif Court, Lalgudi by considering the petitioner’s representations dated 12.12.2025 and 13.01.2026.
2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself, dispensing with the notice to the fifth and sixth respondents, as no adverse orders are proposed to be passed against them.
3. The grievance of the petitioner is that though a civil suit in O.S.No.476 of 2025 is pending on the file of the Additional District Munsif Court, Lalgudi, in respect of the property in question, the fifth respondent executed a Gift Deed in favour of the sixth respondent and based on the same, the fifth and sixth respondents applied for mutation of the revenue records in their favour. Therefore, the petitioner submitted representations/objections dated 12.12.2025 and 13.01.2026. Since the same have not been considered, the petitioner has been constrained to file the present Writ Petition.
4. The learned Additional Government Pleader appearing for the first to third respondents, on instructions, would submit that the revenue authorities are also parties to the civil proceedings.
5. Once the issue is pending before the Civil Court and the departmental officials are defendants in the said suit, the grievance relating to mutation can be adjudicated only by the Civil Court. In the present case, admittedly, the suit in O.S.No.476 of 2025 is pending on the file of the Additional District Munsif Court, Lalgudi, in which the revenue authorities are also parties. However, in view of the application submitted by the fifth and sixth respondents and the petitioner's objections/representations dated 12.12.2025 and 13.01.2026, the same shall be disposed of in either way.
6. With the said observations, this Writ Petition is disposed of.
There shall be no order as to costs.
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