Madras High CourtWP(MD)/3511/2022allowed

Senthilkumar P v. The District Collector

2024-04-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Senthilkumar ... Petitioner Vs.

1.The District Collector, O/o.The District Collector, 2.The District Revenue Officer, O/o.the District Revenue Officer, Theni, Theni District.

3.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Periyakulam, Theni District.

4.The Tahsildar, O/o.the Tahsildar, 5.The Sub Registrar, Office of the Sub Registrar, Periyakulam, Theni District.

6.G.Santhi 7.Kamuthai 8.Durai 1/4

9.Banumathi 10.Thilagavathi 11.Dharmaraj 12.Devadoss (R7 to R12 are impleaded vide order dated 27.03.2023 in W.M.P.(MD)No.13910 of 2023) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the resondents 2 to 4 to restore the Patta No.4912 in S.F.No.222/3B2 situated at Veerapandi Revenue Village, Theni Taluk, Theni District based on the representation dated 12.01.2022 and 19.01.2022 respectively.

For Petitioner : Mr.V.Muthu Samundeeswaran For Respondents : Mr.P.Thambi Durai Government Advocate for R1 to R4 : Mr.R.Suriya Narayanan for R6

ORDER

Heard both sides.

2. Cause of action leading to filing of this writ petition had been dealt with by me vide order dated 12.04.2024 in W.P.(MD)No.13645 of 2021. I had sustained the order dated 08.07.2021 passed by the DRO, Theni. The DRO, Theni had restored the original position in respect of Survey No.222/3. The 2/4

DRO had ordered that the revenue record will reflect the names of the following four persons:- 1.Periyasamypillai 2.Arunachalampillai 3.Periyasamypillai 4.Veerapathiragounder

3. Therefore, the question of sub-dividing Survey No.222/3A1 and 3A2 will not arise at this stage. Till the parties will resolve their disputes before the jurisdictional civil Court, the revenue record and patta will have to reflect the position in consonance with the order dated 08.07.2021 passed by the DRO. The sub-division is set aside. The Writ Petition is disposed of accordingly. No costs.

12.04.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, O/o.The District Collector, 2.The District Revenue Officer, O/o.the District Revenue Officer, Theni, Theni District.

3/4

G.R.SWAMINATHAN, J.

rmi 3.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Periyakulam, Theni District.

4.The Tahsildar, O/o.the Tahsildar, 12.04.2024 4/4