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Madras High CourtWP/27954/2014dismissed

Vaiyapuri (Deceased), v. The District Collector

2024-01-23Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.27954 of 2014 and M.P.No.1 of 2014

1. Vaiyapuri (Deceased)

2. Manivel

3. Lakshmi

4. Venkadachalam

5. Viijaya (P2 to P5 substituted as LRs of deceased sole petitioner vide order dated 08.09.2023 made in WMP No.32109/2022 in W.P.No.27954/2014) ... Petitioners Vs.

1. The District Collector Cuddalore, Cuddalore District

2. The District Revenue Officer Cuddalore, Cuddalore District

3. The Revenue Divisional Officer Virudhachalam, Cuddalore District

4. The Tahsildar Thittakudi Tk., Thittakudi Cuddalore District

5. Thangadurai

6. Ponnammal (Deceased) (R10 substituted as LRS of R6)

7. Venkatachalam 1/6

8. Sivakolunthu (Deceased) (R11 to R14 are substituted as LRs of R8)

9. Azhaguvel

10. Jayaradha (R10-substituted as LRs of deceased R6, as per order dated 09.01.2024 in WMP No.31382/2023 in WP No.27954/2014)

11. Venkatachalam 12.Ramadas 13.Kumar 14.Saravanan (R11 to R14 are substituted as LRs of deceased R8 as per order dated 09.01.2024 in WMP No.31384/2023 in WP No.27954/2014) ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records in Na.Ka.V.3/21566/2013 dated 30.09.2014 issued by the 2nd respondent restoring the Patta for Survey No.162/11 to 15 in the name of the respondents 5 to 9, quash the same. For Petitioner : Mr.S.Mohan For R1 to R4 : Mr.R.U.Dinesh Rajkumar Additional Government Pleader For R5, R7, R9 : Mr.K.Selvaraj R10 to R14 R6 and R8 : Died 2/6

ORDER

This Writ Petition is filed seeking issuance of a Writ of Certiorari to call for the records in Na.Ka.V.3/21566/2013, dated 30.09.2014 issued by the 2nd respondent, restoring the Patta for Survey No.162/11 to 15 in the name of the respondents 5 to 9 and quash the same.

2. The petitioner has challenged the order passed by the DRO namely the 2nd respondent herein, dated 30.09.2014. A perusal of the impugned order shows that the DRO has stated that in the writ petitions in W.P. Nos.20888 to 20892 of 2014 filed by the review petitioners/the respondents 5 to 9 herein, status quo has been orderd and therefore, the status quo has to be maintained. However, now the petitioner is not in a position to say about the outcome of the said writ petitions or the present stage of the said petitions. Further, it is stated that the petitioner is not a party to those writ petitions. Even otherwise, the DRO has not passed the impugned order on merits and he has only observed that the proceedings had been stayed by this Court and he has not passed any order against any of the parties. 3.Under these circumstances, this Court does not find any illegality or irregularity in the impugned order passed by the 2nd respondent/DRO. 3/6

4. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. The petitioner is at liberty to work out his remedy in the manner known to law. Consequently, connected Miscellaneous Petition is closed. 23.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Cuddalore, Cuddalore District

2. The District Revenue Officer Cuddalore, Cuddalore District

3. The Revenue Divisional Officer Virudhachalam, Cuddalore District

4. The Tahsildar Thittakudi Tk.

Thittakudi Cuddalore District 5/6

P.VELMURUGAN. J.

Ksa-2 23.01.2024 6/6