M.Kumaraswamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2018 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.30230 of 2003 and W.P.M.P.No.36924 of 2003 M.Kumaraswamy ... Petitioner Vs.

1.The Revenue Divisional Officer Cum Executive Magistrate Trichirapalli.

2.B.Ravichandran ... Respondents Prayer:Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order passed by the first respondent in Na.Ka.No.A1/1548/2002 dated 7.10.2003 and quash the same. For Petitioner : Mr.G.Sankaran For Respondents : Mr.K.S.Suresh, Government Advocate [For R1] No appearance [For R2]

O R D E R

The writ petition challenges the Order No.Na.Ka.A1/1548/2002 dated 07.10.2003 passed by the first respondent / the Revenue Divisional Officer cum Executive Magistrate, Trichirapalli in favour of the second respondent, in respect of his land which was agreed to be sold to the petitioner. The Second Respondent has filed counter affidavit dated 15.03.2004 stating that the impugned order has been passed by the first respondent in the exercise of his powers under Section 145 of the Code of Criminal Procedure, 1974 and if the petitioner is aggrieved by the same, a revision under Section 397 of the Code of Criminal Procedure, 1974 would have to be preferred. Learned counsel for the petitioner is not in position to rebut that legal contention, which deserves acceptance. https://hcservices.ecourts.gov.in/hcservices/

2.In view of the same, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS VI ) //True copy// Sub Assistant Registrar maya To The Revenue Divisional Officer Cum Executive Magistrate Trichirapalli.

+1cc to Mr.G.Sankaran, Advocate SR.No.44691 +1cc to Government Pleader SR.No.45367 W.P.No.30230 of 2003 GMR(CO) GN(02/08/2018) https://hcservices.ecourts.gov.in/hcservices/