Madurambal @ Madulambal v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.33799 of 2016 Madurambal @ Madulambal ... Petitioner vs.
1. The Revenue Divisional Officer, Mayiladuturai, Nagapattinam District.
2. The Tahsildar, Tharangambadi, Having Office at Porayar - 609 307, Tharangambadi Taluk, Nagapattinam District.
3. Saraswathi
4. Jayakumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 more particularly the second respondent to consider the representation of the petitioner dated 1/6
10.10.2016 and make necessary corrections in revenue records and plan pertains to petitioner's land in Survey number 320/7E in Eduthukattisathanur Village, Tharangambadi Taluk, Nagapattinam District, showing the extent as 65 areas as it stood earlier.
For Petitioner : Mr.M.J.Srinivas For R1 and R2 : Mr.U.Bharanidharan Additional Government Pleader For R3 and R4 : Mr.M.Gnanasekar Additional Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents 1 and 2 more particularly the second respondent to consider the representation of the petitioner dated 10.10.2016 and make necessary corrections in revenue records and plan pertains to petitioner's land in Survey number 320/7E in Eduthukattisathanur Village, Tharangambadi Taluk, Nagapattinam District, showing the extent as 65 areas as it stood earlier.
2. It is the case of the petitioner that the petitioner is in possession and enjoyment of the above said ancestral property and patta was issued in favour 2/6
of the petitioner in the year 1989. While that being so, the respondents 3 and 4 tried to encroach the petitioner's property in the guise of measuring their property and on verification, the petitioner came to know that there was wrong entries in the Revenue Records in respect of the her property. While so, the petitioner made a representation dated 10.10.2016 before the respondents 1 and 2 for rectification of the wrong entries made in the Revenue Records. Since the same was not considered by the respondents 1 and 2, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.
3. Learned counsel appearing for the petitioner submitted that the petitioner for the very same dispute, filed a suit in O.S.No.94 of 2016 which is pending on the file of District Munsif Court, Sirkali. However, at the time of arguments, he submitted that the issue involved in the present case pertains to disputed questions of facts and is purely a civil dispute between the petitioner and the private respondents and the same cannot be adjudicated under Article 226 of the Constitution of India. Hence, this Court may permit the petitioner to canvass all his grievances before the competent Civil Court 3/6
where the suit is pending and subject to the result of the said suit, this Court may grant liberty to the petitioner to file a fresh application before the revenue officials for mutation of Revenue Records.
4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
5. In view of the fair stand taken by the learned counsel appearing for the petitioner, this Court permits the petitioner to canvass all his grievances before the competent Civil Court where the suit is pending and based on the outcome of the said suit, liberty is granted to the succeeding party to file a fresh application before the revenue officials for mutation of revenue records.
6. Accordingly this Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 22.09.2022 RAP Index :
Yes/No Speaking order :
Yes/No 4/6
To:
1. The Revenue Divisional Officer, Mayiladuturai, Nagapattinam District.
2. The Tahsildar, Tharangambadi, Having Office at Porayar - 609 307, Tharangambadi Taluk, Nagapattinam District.
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M.DHANDAPANI, J.
RAP 22.09.2022 6/6