Mariyappan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P.(MD)No.408 of 2025 Mariyappan ... Petitioner /Vs./

1. The District Revenue Officer Trichy District, Trichy.

2. The Revenue Divisional Officer, Trichy Revenue Division, Trichy District.

3. The Tahsildar Thiruverumbur Taluk, Thiruverumbur, Trichy District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd Respondent vide his proceedings in Pa.Mu.3074/2024 (A7) dated 30.07.2024 and quash the same as illegal consequently direct the 2nd Respondent to restore the Patta in favour of the Petitioner.

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For Petitioner : Mr.T.Vadivelan For Respondents : Mr.C.Satheesh Government Advocate

ORDER

The Writ Petition has been filed challenging the order of the second respondent in Pa.Mu.3074/2024 (A7) dated 30.07.2024 and consequently, restore the patta in favour of the Petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. I have gone through the impugned order.

3. The dispute appears to revolve around survey Nos.3/5, Block No.11, Ward No.AM, Pirattiyur West village, K.Abishegapuram, Tiruchirappalli West Taluk, Tiruchirappalli District. However, the case of the petitioner pertains to lands in Survey No.128/4, situated at Velayuthakudi Village, Thiruvembur Taluk, Trichy District. Therefore, there appears to be some mismatch, while the impugned orders have been passed and same is raised as a specific ground. It is the further case of 2/4

the petitioner that he filed a suit in O.S.No.205 of 1994 against the District Collector and other revenue authorities and after trial, the suit has been decreed in favour of the petitioner and the same has also become final.

4. I find that the impugned order has been passed, without noticing the said decree passed by the competent civil court. For all the other reasons, I set aside the impugned order and remit the matter to the second respondent for fresh consideration, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, if sought for, by the petitioner. The said excise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 06.02.2025 NCC : Yes / No LS 3/4

P.B. BALAJI , J.

LS TO:-

1. The District Revenue Officer Trichy District, Trichy.

2. The Revenue Divisional Officer, Trichy Revenue Division, Trichy District.

3. The Tahsildar Thiruverumbur Taluk, Thiruverumbur, Trichy District.

Order made in Dated:

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