1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.9392 of 2011 and M.P.(MD)No.1 of 2011 R.Kaliammal ... Petitioner Vs. 1. The Tahsildar, Madurai North Taluk, Collectrate, Madurai-625 020. 2. A.L.Alagappan ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the first respondent to cancel the patta issued in favour of the second respondent dated 09.02.2005. For Petitioner ... Mr.K.C.Ramalingam For Respondents ... Mr.M.Govindan Special Government Pleader for R.1 ... Dispensed with for R.2 ORDER This writ petition has been filed by the petitioner to issue a Writ of Mandamus to direct the first respondent to cancel the patta issued in favour of the second respondent dated 09.02.2005. 2. In view of the order that is to be passed, notice to the second respondent is dispensed with. 3. Heard Mr.K.C.Ramalingam, learned Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the first respondent. 4. By consent, the writ petition itself is taken up for final disposal. 5. According to the petitioner, patta was issued in his favour originally and at the behest of the second respondent, it was cancelled. The appeal filed by the petitioner to the Revenue https://hcservices.ecourts.gov.in/hcservices/ 2 Divisional Officer was rejected and confirmed by the District Revenue Officer and the petitioner thereafter filed a revision before the Special Commissioner of Land Administration and no interim order has been passed. The said revision was filed in the year 2007. The learned Counsel for the petitioner states that the matter has been transferred to the Civil Court and it is pending. No interim order has been passed. 6. Pending all these proceedings, the petitioner states that patta was issued in favour of the second respondent and that should be cancelled. The writ petition has been filed for the above said relief. 7. Since, the matter is pending before the Civil Court and the second respondent has already succeeded in two forums, the petitioner cannot seek any cancellation of patta at this stage unless and until all the proceedings get concluded one way or the other. Accordingly, the relief sought for by the petitioner cannot be granted at this stage. 8. Hence, the Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar To: The Tahsildar, Madurai North Taluk, Collectrate, Madurai-625 020. W.P.(MD)No.9392 of 2011 and M.P.(MD)No.1 of 2011 22.08.2011 ssl NSV/8.9.11/2P/2C https://hcservices.ecourts.gov.in/hcservices/