SYED AHAMED Vs. REVENUE DIVISIONAL OFFICER AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this Writ Petition seeking for an injunction restraining the respondents 4 to 10 from alienating or encumbrance over the property by any form in G.R.Survey No.325/672, Town survey No.24, local Fund road-Madurai road, Ramanathapuram till the disposal of the civil adjudication in view of the earlier order dated 15.07.2015 passed by this court in W.P.(MD)No.14394 of 2013.

(2.) According to the petitioner, the petitioner is the owner of the property in G.R.Survey No.325/672, Town survey No.24, local Fund road-Madurai road, Ramanathapuram. Totally 48 shops were constructed in the property and the rents are collecting by the petitioner. Earlier, one Kumaran Sethupathi created some bogus documents and got an order of patta from the first respondent herein. Subsequently, the petitioner filed a Revision before the District Revenue Officer, Ramanathapuram and got an order of stay of the order passed by the first respondent. Thereafter, challenging the order passed by the District Revenue Officer, the said Kumaran Sethupathy filed a Writ Petition before this Court in W.P. (MD)No.14394 of 2013 and this Court, by an order dated 15.07.2015, disposed the Writ Petition directing the parties to approach the Revenue authorities for mutation of the revenue records after disposal of the Civil Suit, which is pending and till such time, there shall not be any alienation or encumbrance over the property in dispute. After that order passed by this Court, the third respondent has transferred the patta in his favour. Challenging the same, the petitioner herein filed a Writ Petition in W.P. (MD)No.1171 of 2017 and this Court, by an order dated 23.03.2017, has passed the following order:-

(3.) After the disposal of the Writ Petition, the suit was returned and re-presented before the District Court, Ramanathapuram and the suit was renumbered as O.S.No.37 of 2017. Pending suit, the respondents are trying to encumber and alienate the property and hence, the present Writ Petition has been filed.