R.Gayathri Devi, v. The Revenue Divisional Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.(MD) No.2720 of 2021 R.Gayathri Devi ... Appellant -vs1.The Revenue Divisional Officer Kovilpatti Thoothukudi District 2.The Tahsildar Vilathikulam Tuticorin District 3.The Zonal Deputy Tahsildar Vilathikulam Tuticorin District 4.R.Saran Kumar ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 11.02.2021, passed in W.P.(MD) No.2484 of 2021, on the file of this Court.

For Appellant :

Mr.A.Mohamed Haneef for Mr.M.P.Senthil For Respondents :

Mr.G.Suriya Ananth Additional Government Pleader for R1 to R3 Mr.D.Gershon Gnanapaul for R4

J U D G M E N T

[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.] Based on the representation given by the fourth respondent, the Revenue Divisional Officer, Kovilpatti, passed an order dated 22.01.2021, directing Patta to be granted in favour of the fourth respondent and cancelling the Patta granted in favour of the appellant herein in respect of the subject property.

2. Challenging the same, the appellant herein, who is the sister of the fourth respondent, filed the writ petition in W.P.(MD) No.2484 of 2021 seeking to quash the order dated 22.01.2021, passed by the Revenue Divisional Officer, Kovilpatti and to direct the official respondents to relegate the parties to work out their grievance before the Competent Civil Court.

3. This Court, by order dated 11.02.2021, finding that since there is an alternate remedy available to approach the District Revenue Officer by filing a review application, dismissed the writ petition for non-exhausting the effective alternative remedy. Aggrieved against the said order, this writ appeal has been filed.

4. Today, learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that pursuant to the findings of the learned Single Judge, the appellant herein filed a review application before the District Revenue Officer, Thoothukudi, who, by order dated 12.05.2022, finding that since a Will is involved in respect of the rights of the fourth respondent, has set aside the order, dated 22.01.2021, passed by the Revenue Divisional Officer, Kovilpatti and relegated the parties to approach the Civil Court for redressal of their grievance. The appellant has also filed a suit in O.S.No.29 of 2021, on the file of the Principal District Court, Thoothukudi, against the fourth respondent herein and others and the same is pending disposal.

5. In view of the above submission, we are of the view that the competent Court has already taken adjudication of the matter and hence, we are not inclined to entertain this writ appeal. 6.

Accordingly, this writ appeal is closed. No costs.

Consequently, connected miscellaneous petition is closed. [T.K.R., J.] [N.S., J.] 06.12.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

2.The Tahsildar, Vilathikulam, Tuticorin District.

3.The Zonal Deputy Tahsildar, Vilathikulam, Tuticorin District.

RMT.TEEKAA RAMAN, J.

AND N.SENTHILKUMAR, J.

krk and C.M.P.(MD) No.2720 of 2021 06.12.2024