1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP(MD)No.5402 of 2011 And MP(MD)No.1 of 2011 Dhanalakshmi :Petitioner -Vs- 1.The District Collector, Dindigul District, Dindigul. 2.The Thasildar, Vedasanthur, Dindigul District. 3.The Special Thasildar (Adi Dravidar Welfare),Palani. 4.Radhakirshnan :Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 not to issue patta to third parties in respect of Survey No. 537/2 measuring 1.54 acres and Survey No. 542/2 measuring 1 Acres 74 cents situated at Vembur Village, Vedasanthur Taluk, Dindigul District. For Petitioner :Mr.R.Subramanian For RR 1 to 3 :Mr.M.Govindan,Special Government Pleader For 4th Respondent:Mr.R.Ramadurai ORDER The petitioner has come forward with the present Writ Petition for a Mandamus directing the respondents 1 to 3 not to issue patta to third parties in respect of Survey No. 537/2 measuring 1.54 acres and Survey No. 542/2 measuring 1 Acres 74 cents is situated at Vembur Village, Vedasanthur Taluk, Dindigul District. 2.The only grievance of the petitioner is that her legal valuable right has been parted away by the fourth respondent and in fact, she has already filed a partition suit in O.S.No. 239 of 2007 for creating a charge on the property and also for maintenance. In spite of the fact that the said suit is pending, the authorities are attempting to transfer the patta in the name of the fourth respondent. Aggrieved by the same, she has come forward with the Writ Petition. 3.The Special Thasildar, in his proceedings dated .10.2007 has categorically stated that any further proceedings will be done only after the disposal of the suit in O.S.No. 239 of 2007. 4.The learned counsel appearing for the fourth respondent would only contend that all the Government Officials are parties to the suit and the fourth respondent is also a party to that suit and the rights of the parties could be decided only before the Civil Court and therefore, at this stage the Writ Petition is not maintainable. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned Special Government Pleader would also contend the same. 6.Since the civil suit in O.S.No. 239 of 2007 is pending and the parties have agreed that their rights could be decided only by the Civil Court, the Writ Petition is closed and the parties are directed to abide by the result of the Civil Court. The proceedings of the Special Thasildar dated .10.2007 is recorded and all the proceedings could be done only pursuant to the decision of the Civil Court. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Dindigul District, Dindigul. 2.The Tahsildar, Vedasanthur, Dindigul District. 3.The Special Tahsildar, (Adi Dravidar Welfare), Palani. +1CC to Mr.R.Ramadurai, Advocate. SR.No.18123. +1CC to Mr.R.Subramanian, Advocate. SR.No.18246. +1CC to The Special Government Pleader. SR.No.18430. Vsg RP/22.06.2011/2P/7C. W.P.(MD).No.5402 of 2011 And M.P.(MD).No. 1 of 2011 13.06.2011 https://hcservices.ecourts.gov.in/hcservices/