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Madras High CourtWP/31223/2022disposed of

K.Buvaneswari v. The District Collector

2023-09-29Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.K.Buvaneswari rep. by its General Power of Attorney M/s.K.Gajalakshmi ... Petitioner Vs.

1.The District Collector, Chengalpattu, 2.The Tahsildar, Chengalpatu, 3.The District Revenue Officer, Kancheepuram, Kancheepuram District.

4.The District Revenue Officer, Chengalpatu, 5.The Special Tahsildar (Land Acquisition), Southppakkam,

6.The Special District Revenue Officer (Land Acquisition), Kancheepuram.

7.Meenakshi 8.Narmatha 9.Senthil Kumar 10.J.JegaJothi 11.J.Selva Prakash 12.M.Selvi 13.Minor M.Logesh 14.S.Varalakshmi 15.A.Kalavathi 16.P.Chellappan (deceased) 17.N.Subramani 18.C.Duraiswamy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent and quash in Na.Ka.No.14778/2018 No.4 dated 28.09.2018 and consequently direct the 3rd respondent to issue fresh patta and include my name in the fresh patta within stipulated time. For Petitioner : M/s.K.Gajalakshmi (Party in person) For R1 to R6 : Mr.T.Arunkumar, Additional Government Pleader For R7 to R13, R15 & R17 : Mrs.Vijaya Kumari Natarajan For R14 : No appearance For R16 : Died - steps taken

O R D E R

The order dated 28.09.2018 passed by the District Revenue Officer, Kancheepuram is sought to be quashed in the present Writ Petition.

2. The petitioner appearing in person states that she is the absolute owner of the subject property described in the present Writ Petition. The petitioner submitted a revision before the District Revenue Officer and the said Revision Petition was rejected by relegating the petitioner to approach the competent Civil Court of law for the purpose of establishing her right. The petitioner states that she has already filed a Civil Suit in O.S.No.253 of 2021 on the file of the Principal District Court, Chengalpattu.

3. When the petitioner has already instituted a Civil Suit to establish her right, there is no reason to consider the grounds raised in the present Writ Petition. However, the revenue proceedings including the impugned order are kept in abeyance and the parties are bound to establish their civil rights based on the documents and evidences available on records in the manner contemplated. After reaching finality in the civil dispute and either of the party is at liberty to approach the revenue authorities for the purpose

of grant of Patta, cancellation of Patta, mutation of revenue records, as the case may be.

4. With these directions, the Writ Petition stands disposed of. No costs.

29.09.2023 skr Index : Yes Speaking order To 1.The District Collector, Chengalpattu, 2.The Tahsildar, Chengalpatu, 3.The District Revenue Officer, Kancheepuram, Kancheepuram District.

4.The District Revenue Officer, Chengalpatu,

5.The Special Tahsildar (Land Acquisition), Southppakkam, 6.The Special District Revenue Officer (Land Acquisition), Kancheepuram.

S.M.SUBRAMANIAM, J.

skr 29.09.2023