N.S.NAINA MOHAMED Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) This writ petition is filed to direct the 2nd respondent to reject the application in Na.Ka.A1/9102/2017 and to direct the respondents 1 to 3 not to change the petitioner's name in the patta in respect of the suit properties pending in O.S.No.55/2017 on the file of the Additional District Court, Ramanathapuram.

(2.) According to the petitioner, though the respondents 4 to 6 had earlier filed a suit in O.S.No.35 of 2016 on the file of the Additional District Court, Ramanathapuram for the relief of partition and permanent injunction, which was dismissed as not pressed on 21.09.2016, the respondents 4 to 6 again filed a suit in O.S.No.55 of 2017 on the file of the Additional District Court, Ramanathapuram, for the same relief, in which, the petitioner was arrayed as 2nd defendant. The said suit is still pending before the Court below.

(3.) Pending the suit, the respondents 4 to 6 herein, by way of filing an application in Na.Ka.A1/9102/2017, approached the 2nd respondent for cancellation of patta, which is in favour of the petitioner in respect of the suit properties in O.S.No.55 of 2017 and for issuing separate patta in their favour. In that regard, the petitioner made a representation dated 18.07.2020 to the 2nd respondent seeking not to proceed with the impugned application in Na.Ka.A1/9102/2017, till the disposal of the aforesaid suit. But, on such representation no action has been taken. Hence, left with no other alternative, the petitioner is before this Court for the relief stated supra.