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Madras High CourtWP(MD)/2491/2023dismissed

Raja. K v. The District Revenue Officer -Cum-

2023-02-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.2271 of 2023 K.Raja ... Petitioner Vs.

1.The District Revenue Officer - Cum - Additional District Judicial Administrator, Theni.

2.The Sub Collector, Periyakulam, Theni District.

3.The Tahsildar, Theni Taluk, Theni District.

4.The Village Administrative Officer, Upparpatti Village, Theni Taluk, Theni District.

5.D.Velayutham ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of 1st respondent in 1/4

Na.Ka.No.14088/2022/D1 dated 20.12.2022 quash the same and consequently direct the respondents herein to restore the entire revenue records and patta to the petitioner.

For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.A.K.Manikkam, Spl. Government Pleader for R1 to R4.

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 to 4. 2.The petitioner challenges the order dated 20.12.2022 passed by the first respondent. The fifth respondent had moved the first respondent for correcting the survey number. According to him, an error was committed during UDR. After enquiring the parties, the present order came to be passed. The writ petitioner traces his title to the sale deed standing in the name of his father. From the sale deed, on can note that the petitioner is entitled to 17 cents of land. Even as per the impugned order the said extent has not been suffered any reduction. The petitioner's father's name continues to figure in the revenue record. I am therefore of the view that no case has been made out for 2/4

interference in the writ jurisdiction. It is of course open to the petitioner to move the jurisdictional Civil Court for relief. The dismissal of this writ petition will not come in the way of establishing his rights. All the contentions of the writ petitioner are left open.

3.With this liberty to the writ petitioner to move the jurisdictional Civil Court, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Revenue Officer - Cum - Additional District Judicial Administrator, Theni.

2.The Sub Collector, Periyakulam, Theni District.

3.The Tahsildar, Theni Taluk, Theni District.

4.The Village Administrative Officer, Upparpatti Village, Theni Taluk, Theni District.

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G.R.SWAMINATHAN, J.

ias 08.02.2023 4/4