S. Easwaramoorthy v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 1.11.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.2409 of 2018 and C.M.P.No.19454 of 2018 S.Easwaramoorthy ...Appellant

Versus

1. The District Revenue Officer, Office of the District Collectorate, Coimbatore.

2. The Sub Collector, Office of the Sub Collector, Pollachi.

3. The Tahsildar, Pollachi Taluk, Pollachi.

4. S.Mahalingam

5. S.Ramasamy

6. R.Mangayarkarasi

...Respondents

Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 28.6.2018 passed in W.P.No.15832 of 2018 on the file of this court.

W.P.No.15832 of 2018 Writ Petition praying to writ of certiorari calling for records relating to impugned proceedings dt.16.04.2018 bearing Ne.Mu. No.18934/ 2017/ E1 made by the 1st respondent reversing the proceedings dt. 18.08.2017 bearing Ne. Mu. No.1034/ 2016/ Aa1 made by the 2nd respondent and to quash the same.

For appellant : Mr.R.Nandhakumar For RR1 to 3 : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant/writ petitioner and Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, who takes notice on behalf of respondents 1 to 3.

2. The writ appeal has been filed by the writ petitioner challenging the order passed by the learned Single Judge in dismissing the writ petition.

3. Having heard the learned counsel appearing for the parties and perused the materials available on record in the light of the order passed by the learned Single Judge, it is found that the order under challenge in the writ petition is the outcome of the request of the appellant/writ petitioner for demarcation of a property which is under a lis before a civil court at the instance of the sixth respondent. If at all the appellant/writ petitioner has got any grievance, it is for the appellant to work out his remedy before the civil court. Without exhausting such remedy, he has straightway approached this court which cannot be entertained. Therefore, the writ appeal is liable to be dismissed. Accordingly, the writ appeal is dismissed.

However, the appellant/writ petitioner can also make a request to the Revenue Divisional Officer once again not to make any further entry in the revenue records, unless the civil suit is decided in favour of the plaintiff. No costs. The connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ssk.

To:

1. The District Revenue Officer, Office of the District Collectorate, Coimbatore.

2. The Sub Collector, Office of the Sub Collector, Pollachi.

3. The Tahsildar, Pollachi Taluk, Pollachi.

+1cc to Mr.R.Nandhakumar, Advocate, S.R.No.75152 W.A.No.2409 of 2018 GSP(30/11/2018)