K.Palanivel v. Kaveriyammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Palanivel ..

Appellant in both W.As.

Vs.

Kaveriyammal ..

Respondent-1 in WA No.1918/23 Lakshmanan ..

Respondent-1 in WA No.1862/23 The District Revenue Officer Office of the District Revenue Officer Kallakurichi, Kallakuruchi District.

The Revenue Divisional Officer/ The Sub Collector Office of the RDO/Sub Collector Kallakurichi, Kallakurichi District.

The Tahsildar Chinnasalem Taluk Office Chinnasalem Respondents 2-4 Kallakurichi.

..

in both W.As.

Prayer: Appeals filed under Clause 15 of the Letters Patent against the common order dated 25.08.2022 made in W.P.Nos.20057 and 11849 of 2021.

For the Appellant in both W.As.

: Mr.Balavijayan For M/s.C.S.Associates For the Respondents in both W.As.

: Mr.R.Nalliyappan for Respondent-1 Mrs.R.Anitha Special Government Pleader for Respondents 2 to 4

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.Balavijayan, learned counsel for the appellant, Mr.R.Nalliyappan, learned counsel for the first respondent and Mrs.R.Anitha, learned Special Government Pleader for the respondents 2 to 4.

2. The appellant challenges the order passed by the learned Single Judge thereby allowing the writ petitions filed by the first respondent.

3. The first respondent in both the appeals had filed writ petition challenging the order passed by the District Revenue Officer.

4. Learned counsel for the appellant submits that the learned Single Judge has proceeded on the basis of the judgment of the civil Court. However, he did not consider the appeal already filed by the present appellant, which is pending consideration with the appellate authority. In view of that, learned Single Judge ought not to have passed the impugned order.

5. The judgments delivered by the Civil Court are binding on the revenue authorities. Admittedly, the suit filed by the appellant is dismissed. The relief claimed by the appellant in the Civil Suit No.3138 of 2025 for declaration to declare that the property belongs to him has been negatived. The learned Single Judge has granted liberty to the appellant to file a fresh application for issuance of patta if he succeeds in appeal. The remedy of the appellant has

been kept in tact by the learned Single Judge in the impugned order.

6. We do not see any error committed by the learned Single Judge while passing the impugned order.

7. In view of that, the writ appeals are disposed of. There will be no order as to costs. C.M.P.Nos.16483, 16484 and 16245 of 2023 are closed.

(S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index : Yes/No kpl

To

1. The District Revenue Officer Office of the District Revenue Officer Kallakurichi, Kallakuruchi District.

2. The Revenue Divisional Officer/The Sub Collector Office of the RDO/Sub Collector Kallakurichi, Kallakurichi District.

3. The Tahsildar Chinnasalem Taluk Office Chinnasalem, Kallakurichi.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 28.07.2023