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Madras High CourtWP/11042/2018disposed of

M/S. Rakindo Kovai Township v. The Revenue Divisional Officer

2024-03-21Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.03.2024

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.11042 of 2018 and W.M.P.Nos. 12946 & 13094 of 2018 M/s.Rakindo Kovai Township Pvt. Ltd., Rep. by its Authorised Signatory D.Sathyaseelan, SF No.1014/2, 3 VLB Engineering College Road, Kovai Pudur, Coimbatore 641 042.

... Petitioner

Versus

1. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Coimbatore South, Coimbatore 641 018.

2. The Tahsildar, Taluk Office, Perur, Coimbatore 641 010.

3. S.Marudhachalam

4. The District Revenue Officer, Coimbatore.

...Respondents

(R4 suo motu impleaded vide of this Court dated 21.03.2024 in the above Writ Petition) 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the order dated 05.03.2018 of the first respondent in proceedings No.Ne.Mu.3642/2017/Aa2 in respect of the property measuring about Acres 8.20 comprised in SF No.241/1 and 242/1, Sundakamuthur Village and quash the same and consequently direct the second respondent not to make any new subdivisions and restore the original subdivision in the revenue records.

For Petitioner : Mr.DR.S.S.Swaminathan For Respondents : Mr.T.Arunkumar Addl. Govt. Pleader for R1, R2 & R4 Mr.A.Deivasigamani for R3 ******

ORDER

This writ petition has been filed seeking to call for the records relating to the order dated 05.03.2018 of the first respondent in proceedings No.Ne.Mu.3642/2017/Aa2 in respect of the property measuring about Acres 8.20 comprised in SF No.241/1 and 242/1, Sundakamuthur Village and quash the same and consequently direct the second respondent not to make any new 2/5

subdivisions and restore the original subdivision in the revenue records. It is seen that as against the order of the first respondent, which is impugned in this writ petition, the writ petitioner filed an appeal before the District Revenue Officer.

Learned Additional Government Pleader for the respondents 1, 2 and 4 submitted that the District Revenue Officer issued notice of enquiry and the same is pending.

In view of the above, since the appeal filed by the writ petition as against the order, which is impugned in this writ petition is pending before the District Revenue Officer and he is not impleaded in this writ petition, the District Revenue Officer, Coimbatore, is hereby suo motu impleaded as fourth respondent in the present writ petition.

The fourth respondent is directed to issue notice to the petitioner and interested parties/objectors/aggrieved parties and hear the appeal and pass orders on merits in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

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With the above directions, the writ petition shall stand disposed of. Consequently connected miscellaneous petitions are closed. No costs. 21.03.2024 Index: Yes/No cgi To

1. The District Revenue Officer, Coimbatore.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Coimbatore South, Coimbatore 641 018.

3. The Tahsildar, Taluk Office, Perur, Coimbatore 641 010.

4/5

P.VELMURUGAN, J., cgi W.P.No.11042 of 2018 and W.M.P.Nos. 12946 & 13094 of 2018 21.03.2024 5/5