Madras High CourtWP(MD)/6990/2019dismissed

Santhiyagu v. The District Collector

2019-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.6990 of 2019 Santhiyagu ... Petitioner Vs.

1.The District Collector, Sivagangai.

2.The District Revenue Officer, Sivagangai.

3.The Tahsildar, Devakkottai, Sivagangai District.

... 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 respondents to make necessary rectification of entries in the village and revenue accounts in respect of the petitioners property comprised in S.No.66/1 to an extent of 2 acres 25 cents in Pavasi Village, Karuthanakottai Group, Devakkottai Taluk, Sivagangai District and describe it as an Ryot land. For Petitioner : Mr.K.K.Senthil For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The writ petitioner had succeeded before the Civil Court in O.S No.99 of 2012 on the file of the District Munsif Court, Devakottai. He therefore seeks rectification of the entries in the revenue records in respect of the petition mentioned property. 3.When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that First Appeal has been filed questioning the judgment and decree. It is true that the judgment and decree on which the petitioner is placing reliance was passed as early as on 09.10.2014. Even though the writ petitioner made out a case for granting relief, I have to take note of the submission made by the learned Additional Government Pleader for the respondents that S.No.66/1 in Pavasi Village, Karuthanakottai Group, Devakottai Taluk, Sivagangai District has been classified as a form of water body. Therefore, since a First Appeal has been filed, I am of the view that the relief sought for by the writ petitioner cannot be granted at this stage.

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4.This writ petition is dismissed. No costs. Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS- ) Skm To 1.The District Collector, Sivagangai.

2.The District Revenue Officer, Sivagangai.

3.The Tahsildar, Devakkottai, Sivagangai District.

+1 CC to M/s.K.K.SENTHIL, Advocate ( SR-64231[F] dated 30/04/2019 ) +1 CC to M/s.SPL GP ( SR-64973[F] dated 02/05/2019 ) skm W.P(MD)No.6990 of 2019 29.04.2019 ES/KM/(13.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/