IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.09.2010 CORAM: THE HONOURABLE MS. JUSTICE K.B.K.VASUKI W.P.No.23399 of 2009 G.Sampath .. Petitioner Vs. 1.The District Collector, The Collectorate, Vellore District. 2.The Tahsildar, Taluk Office, Vaniyambadi, Vellore District. 3.D.Pandiyan .. Respondents (R3 impleaded as per the order of this Court dated 12.2.2010 in M.P.No.1 of 2010) Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the first respondent for issuance of patta after corrections of entries in respect of the property bearing Survey No.65/1 by including 28 cents of land pursuant to the representation dated 15.10.2009. For Petitioner : Mrs.D.Roja For Respondents : Mr.K.Balakrishnan, AGP-R1 and 2 Mr.Su.Srinivasan for R3 O R D E R On consent, the writ petition is taken up for final disposal at the admission stage. 2.The writ petition is filed for issuing appropriate direction to the first respondent for issuance of patta after corrections of entries in respect of the property bearing Survey No.65/1 by including 28 cents of land pursuant to the representation dated 15.10.2009. 3.According to the petitioner, the property in question originally belonged to his father viz., Govindaraj by virtue of registered sale deed and after his death, the petitioner applied to the second respondent for transfer of patta in his name, but the same was not considered so far which compelled him to approach this Court by filing the present writ petition for the relief stated supra. https://hcservices.ecourts.gov.in/hcservices/ 4.However, the facts made available herein would reveal that after the death of the petitioner's father, his brother viz., Yoganantham has also made a similar application to transfer the patta in his name and the same was rejected by the second respondent in his letter dated 21.8.2009 on the ground that he approached the second respondent beyond the period of limitation prescribed for making correction in the entries of the revenue records and that the same also stands in the name of one Pandiyan and the Civil suit filed by the said Pandiyan is still pending and subject to the outcome of the Civil Suit, the request for making correction in the entries may be entertained. The brother of the petitioner seems to have not filed an appeal against the said order of the second respondent. Thereafter, the petitioner has made a similar application not to the second respondent but to the first respondent and the same has been forwarded to the second respondent for due enquiry, but no enquiry is till date completed. The third respondent has raised serious objection that no final order can be passed in respect of transfer of patta to the property in question, while the right of the parties is decided in the civil suit. 5.In so far as the request made by the petitioner to remove the name of the third respondent herein in the patta and to issue patta in his name is concerned, it is to be noted herein that the petitioner's father who was the original owner died on 16.7.2008 leaving behind the petitioner and his four brothers and only the petitioner and his brother Yogananthan have made individual applications for transfer of patta to their names without reference to the other brothers. The petitioner's brother did not file an appeal against the order of the second respondent rejecting his application for transfer of patta. Pursuant to resurvey proceedings, patta in respect of the property admittedly stands in the name of the third respondent. 6.That being the factual position, the dispute regarding title to the property in question is to be duly decided by the concerned forum in the civil suit already filed by the third respondent against the petitioner and his brothers and the remedy available to the petitioner is to approach the competent authority for effecting mutation only subject to the outcome of the civil suit. 7.In the result, the writ petition is disposed of by directing the parties concerned to agitate their rights regarding title to the property through Civil Court in O.S.No.41 of 2009 filed by the third respondent herein before the District Munsif Court, Vaniyambadi and subject to the outcome of the Civil Suit, the respondents are directed to make necessary corrections in the patta. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. rk https://hcservices.ecourts.gov.in/hcservices/ To 1.The District Collector, The Collectorate, Vellore District. 2.The Tahsildar, Taluk Office, Vaniyambadi, Vellore District. 1 cc to Mr.Srinivasan, Advocate, Sr. 68416 1 cc to Mr.D. Raja, Advocate, Sr. 68421 1 cc to the Government Pleader, Sr. 68683 W.P.No.23399 of 2009 LA (CO) kk 6/10 https://hcservices.ecourts.gov.in/hcservices/