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2016 DIGILAW 520 (MAD)

Reikhan Beevi v. District Collector, Madurai

2016-02-10

B.RAJENDRAN

body2016
ORDER : The writ petition has been filed for a Writ of Certiorarified Mandamus, to call for the records relating with the impugned order dated 11.02.2011 passed by the second respondent in Na.Ka.No.1291/2010 and quash the same and to direct the first respondent to dispose the petitioner representation dated 07.02.2011 as accordance with law. 2. As per the decision of the Honourable Division Bench of this Court, when the civil suit is pending, the respondent will not go into the dispute of title when deciding the issue of patta. The impugned order is passed as against the application to stall the proceedings pending the civil suit and that application was dismissed on the ground that there is no procedure for filing interim application. Similarly, the request to transfer it to some other officer could not also be entertained. Thereby, they were asked to appear on 25.02.2011. But it is admitted by both parties that O.S.No.167 of 2007 for injunction and O.S.No.577 of 2009 for declaration filed by the fourth respondent was then pending with the Principal Sub-Judge, Madurai. Now, both parties stated that they have to only abide by the civil Court judgment and even as per the judgment of the Honourable Division Bench of this Court. In view of the same, as the writ petition is pending from 2011, and the civil suits are also pending as on date before the Principal sub-Court, Madurai, the impugned order is set aside. The authority shall await the result of the civil suits, and shall not decide on the question of title for granting of patta and the parties shall abide by the result of the civil suits which are pending. The Principal sub Judge, Madurai, is also directed to dispose of the above suit in O.S.No.167 of 2007 now transferred to the Principal Sub-Judge, Madurai (as stated by the petitioner) tried along with O.S.No.577 of 2009 within a period of six months from the date of receipt of a copy of this order. 3. With the above directions, the writ petition is closed. No costs. Consequently, the connected Miscellaneous petitions are closed.