This writ petition has been filed praying for a Writ of Mandamus, to direct the respondent to dispose of the petitioner's petition filed on 02.11.2009. It is not in dispute that a civil suit in O.S.No.154 of 2007, for declaration and for injunction is pending before the Sub Court, Pudukottai, in respect of the property in Survey Nos.155/1 and 155/2, situated in Ponnamaravathi, Pudukottai District.
2. The petitioner is the defendant in the said suit. While so, the plaintiff in the suit had filed a petition before the Revenue Divisional Officer, Pudukottai District, the respondent herein, for the cancellation of Patta, which is in the name of the petitioner. In such circumstances, the petitioner has filed the present writ petition before this Court, under
Article 226 of Constitution of India.
3. Mr.Pala Ramasamy, the learned Special Government Pleader, appearing on behalf of the respondent had submitted that even though the proceedings before the respondent are independent proceedings and that the respondent could proceed with the request of Mr.S.P.Arumuga Chettiar, who is the plaintiff, in O.S.No.154 of 2007, the orders passed by the respondent would be subject to the final decision in the civil proceedings.
4. In view of the averments made by the learned counsel appearing on behalf of the petitioner and in view of the submissions made by the learned Special Government Pleader appearing on behalf of the respondent, this Court is of the considered view that the reliefs prayed for by the petitioner cannot be granted by this Court, in the present writ petition, at this stage. The order that may be passed by the respondent, with regard to the cancellation of Patta on the request of Mr.S.P.Arumuga Chettiar, who is said to be the plaintiff, in O.S.No.154 of 2007, on the file of the Sub Court, Pudukottai, would be subject to the final decision in the civil proceedings.
5. Accordingly, the writ petition stands dismissed. No costs.
cs To The Revenue Divisional Officer, Pudukottai District.