M.Velusamy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2022 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.1903 of 2011 & 10211 of 2014 and M.P.(MD)No.2 of 2011 W.P.(MD)No.1903/2011:- 1.M.Velusamy P.Dhanalakshmi (Died) 3.V.Nagamani 4.P.Lakshmi 5.R.Periyasamy 6.P.Jeyakumar 7.P.Sivasami : Petitioners [P5 to P7 substituted as LRs of the deceased P2, as per order dated 06.11.2014 in M.P.(MD)No.1 of 2014] Vs.

4.Ramayeeammal 5.V.Saravanan 6.V.Kanagasundaram : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the first 1/4

respondent in his proceedings in Na.Ka.No.C3/13983/2010 dated 24.12.2010 and quash the same.

For Petitioners :No representation For Respondents :Mr.D.Ghandhiraj Special Government Pleader for R.1 to R.3 Mr.M.P.Senthil for R.4 to R.6 W.P.(MD)No.10211/2014:- 1.Nagamani 2.Lakshmi 3.Periyasamy 4.Jeyakumar 5.Sivasamy : Petitioners Vs.

4.V.Saravanan 5.V.Kanagasundaram : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.A2/285/2010 dated 24.05.2010 and the consequential proceedings of the first respondent in Na.Ka.No.C3/13983/2010 dated 24.12.2010 and quash the same and consequently, directing the respondents to include the name of the petitioners in revenue records in respect of S.No.573, Mookkanakurichi Village, Karur Taluk, Karur District. 2/4

For Petitioners :No representation For Respondents :Mr.D.Ghandhiraj Special Government Pleader for R.1 to R.3 Mr.M.P.Senthil for R.4, R.5 C O M M O N O R D E R These writ petitions are filed by the parties as against the proceedings of the District Revenue Officer dated 24.12.2010. The District Revenue Officer, by referring to the civil proceedings pending between the parties, confirmed the orders passed by the Revenue Divisional Officer and directed the parties to work out their remedy before the appropriate civil forum and as such, restored the patta that was originally existed. As against the same, the present writ petitions are filed.

2.Writ petition in W.P.(MD)No.1903/2011 was originally filed by Mr.B.Saravanan, learned Counsel and thereafter, Mr.N.Shanmugaselvam, learned Counsel entered appearance on change of vakalath. He filed a memo dated 29.03.2022 that he returned the vakalath long back and is not having any instructions.

3.Similarly, Mr.K.Govindarajan, learned Counsel who filed the writ petition in W.P.(MD)No.10211/2014 filed a memo dated 30.03.2022 that he has already given change of vakalath in the year 2019 and that the same was recorded by this Court on 01.11.2019. 4.By recording the aforesaid memos, this Court directed the Registry to list these writ petitions by printing the names of the petitioners. Accordingly, the matter is listed today, in the name of the petitioners, however, there is no representation for them. 5.The issue involved in the writ petitions is with regard to an order passed by the District Revenue Officer as to the rights of the parties on a property. The impugned order itself refers to a civil litigation pending before the parties. Therefore, without going into the merits of the case, both the writ petitions are dismissed, with liberty to the petitioners to work out their remedy before the appropriate civil forum. No costs. Pending miscellaneous petitions, if any, shall stand closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) gk 3/4

To +1 CC to M/s.M.P.SENTHIL, Advocate ( SR-16007[F] dated 01/04/2022 ) +1 CC to M/s.SPL GP ( SR-16058[F] dated 01/04/2022 ) W.P(MD)Nos.1903 of 2011 & 10211 of 2014 31.03.2022 SG(CO) KB(20.04.2022) 4P 6C 4/4