Madras High CourtWP(MD)/9137/2009closed

A.Packir Mohideen, v. The Distridt Revenue Officer,

2022-04-12Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.9137 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.9137 of 2009 and M.P.(MD)No.1 of 2009 A.Packir Mohideen : Petitioner Vs.

1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukottai.

3.S.Abdul Khadar @ Pappa : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records of the 1st respondent in proceedings in Tha.Pa.No.17/2003, in Na.Ka.No. 19306/2003/E(2), dated 19.05.2008 and quash the same. For Petitioner :Mrs.Prabhu For Respondents :Mr.A.Baskaran, Additional Government Pleader for R.1 & R.2 Mr.B.Janathkumar for R.3 *****

O R D E R

When the matter is taken up for hearing today, learned Counsel for the petitioner submitted that the letter sent by him to the petitioner returned with an endorsement "died". The legal heirs have also not taken any steps to prosecute the matter. Therefore, the learned Counsel reported 'no instructions' and has also filed a memo to that effect.

2.It appears that the issue involved in the writ petition https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.9137 of 2009 pertains to the order passed by the District Revenue Officer inasmuch as granting patta in favour of the third respondent. As per the settled proposition, if the petitioner is having any grievance over the issuance of patta in favour of a third party, the remedy available is to approach the competent civil forum, in the manner known to law.

3.Under such circumstances, this writ petition stands closed, with liberty to the petitioner or his legal heirs, as the case may be, to approach the competent civil forum, if so advised. Needless to state that the civil Court shall decide the case independently, uninfluenced by the orders passed by the revenue authorities. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) gk To 1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukottai.

+1 CC to M/s.SPL.GP. ( SR-18620[F] dated 13/04/2022 ) W.P(MD)No.9137 of 2009 12.04.2022 RD(02.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2