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Madras High CourtWP(MD)/286/2021dismissed

Muthumani @ Solaiyammal v. The District Revenue Officer

2022-09-23Honourable Mrs Justice V.Bhavani Subbaroyan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.286 of 2021 Muthumani @ Solaiyammal ..Petitioner Vs 1.The District Revenue Officer, Office of the District Revenue Officer, Ramanathapuram District.

Ramanathapuram.

2.Solaiappan ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to complete the proceedings in Na.Ka.P1/6841/2013, dated 26.09.2013 and grant patta for the properties in S.Noss.221/3, 247/17, 167/3, 106/2, 138/14, 138/8, 30/10, 92/7B, 158/5A, 96/2 and 103/18B in Thalaivanaikanpatti Village, Nedunkulam Group, Kamuthi Taluk, Ramanathapuram District as per the decree in Cross Appeal in A.S.No.111 of 2017, dated 31.10.2019, within the period stipulated by this Court. For Petitioner :Mr.A.Haja Mohideen For Respondent-1:Mr.D.Sadiq Raja Addl.Govt.Pleader For Respondent-2:Mr.J.Barathan

ORDER

This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the first respondent to complete the proceedings in Na.Ka.P1/6841/2013, dated 26.09.2013 and grant patta for the properties in S.Nos.221/3, 247/17, 167/3, 106/2, 138/14, 138/8, 30/10, 92/7B, 158/5A, 96/2 and 103/18B in Thalaivanaikanpatti Village, Nedunkulam Group, Kamuthi Taluk, Ramanathapuram District as per the decree in Cross Appeal in A.S.No.111 of 2017, dated 31.10.2019, within the period stipulated by this Court.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.A perusal of the typed-set of papers would show that the Petitioner has filed this Writ Petition for issuance of a Writ of mandamus without any representation being sent to the authorities/first respondent redressing his grievances.

4.The learned Additional Government Pleader appearing for the first respondent would submit that against the judgment in the above appeal suit, there is a second appeal pending in S.A.No.595 of 2020 before the Court below and hence, the authorities cannot consider the prayer sought for by the Petitioner, as the subject-matter is pending before the Civil

Court.

5.The Petitioner has not sent any representation to issue a Writ of Mandamus as sought for by the Petitioner. Hence this Court is not inclined to entertain this Writ Petition. However, the Petitioner is at liberty to approach the authorities concerned with fresh representation, if so desired.

6.With the above observation, the Writ Petition stands dismissed. No costs.

23.09.2022 Index : Yes/No Internet:Yes/No vsn To The District Revenue Officer, Office of the District Revenue Officer, Ramanathapuram District.

Ramanathapuram.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.286 of 2021 23.09.2022