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Madras High CourtWP/32815/2019disposed of

V.Lakshmanan v. The Revenue Divisional Officer

2019-11-22Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2019

CORAM:

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.32815 of 2019 V.Lakshmanan ... Petitioner vs.

1.

The Revenue Divisional Officer, Revenue Divisional Office, Mohanoor Road, Namakkal - 637 001.

2.

The Tahsildar, Tahsildar Office, Rasipuram, Namakkal - 637 408.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Certiorarified Mandamus, to call for the records in notice dated 20.09.2019 in Na.Ka.10504/2019(P1) and consequential notice dated 08.11.2019 in Na.Ka.10504/2019(P1) on the file of the 2nd Respondent and quash the same and to forbear the Respondents from evicting the Petitioner from S.No.360/89 to an extent of 0.0605.0 square meters in Singalapuram Village, Rasipuram Taluk, Namakkal District and consider the representation dated 31.05.2018 for grant of Natham Patta in respect of the same, and pass appropriate orders in accordance with law.

For Petitioner :

Mr.S.Kaithamalai Kumaran For Respondents :

Mr.P.S.Shivashanmugasundaram, Special Government Pleader

ORDER

(Order of the Court made by M.M.SUNDRESH,J.) Challenging the eviction notice issued by the 2nd Respondent, the present Writ Petition has been filed. Page No.1 of 2 https://hcservices.ecourts.gov.in/hcservices/

2.

Though the learned counsel for the Petitioner seeks to make submissions on merits, we are not inclined to go into the same, as, an Appeal by way of statutory remedy is prohibited under the Act.

3.

In such view of the matter, the Writ Petition is disposed of with liberty to the Petitioner to file an Appeal to the District Collector, Rasipuram, Namakkal District, within a period of four weeks from the date of receipt of a copy of this order. Till such time, there shall be an order of status quo. No costs. Consequently, connected W.M.P.No.33244 of 2019 closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.

The Revenue Divisional Officer, Revenue Divisional Office, Mohanoor Road, Namakkal - 637 001.

2.

The Tahsildar, Tahsildar Office, Rasipuram, Namakkal - 637 408.

3. The District Collector, Rasipuram, Namakkal District.

+1 cc to M/s.S.Kaithamalai Kumaran, Advocate Sr.No.97413 +1 cc to The Government Pleader Sr.No. 98013 AKM/06.01.2020/2P-6C / Order in W.P.No.32815 of 2019 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/