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Madras High CourtWP(MD)/8088/2021dismissed

Ayothi Raman v. The District Revenue Officer

2021-04-19Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD) No.8088 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.8088 of 2021 and W.M.P.(MD) No.6177 of 2021 (Through Video Conference) Ayothi Raman Power Agent of Sevugapandian

...Petitioner

Vs.

1) The District Revenue Officer, Virudhunagar District,Virudhunagar.

2) The Tahsildar, Rajapalayam Taluk,Virudhunagar District.

3) The District Forest Officer, Virudhunagar District, Virudhunagar.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order OM.G4/30408/2020 dated 04/02/2021 issued by the 1st respondent and quash the same as void and unlawful and direct the 1st respondent to issue patta, in the joint names of this petitioner, Balakumari, Sevugapandian, Mahendran Jayashripadma, Ramprasad, Shyamala, Gajendran, the legal heirs of the erstwhile Seithur Zamindar, Sevugapandian Thevar for the lands in S.No.410 with an extent of 2675.65 acres in Sunadararajapuram revenue village, in Rajapalayam Taluk in Virudhunagar District in the light of the contemplated provisions of the Tamil Nadu Estate (Abolition and Conversion into Ryotwari) Act 26 of 1948, within a time frame fixed by this Court. For Petitioner : Mr.F.X.Eugene For Respondents : Mr.M.Rajarajan, Additional Government Pleader ******

O R D E R

This Writ Petition has been filed challenging the order passed by the first respondent dated 04.02.2021 refusing to issue Patta in the name of the petitioner and other legal heirs, who claim to be the legal heirs of the erstwhile Seithur Zamindar. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.8088 of 2021

2. Heard Mr.F.X.Eugene, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader appearing for the respondents.

3. In the considered view of this Court, the petitioner is claiming for a joint patta for an extent of 1082.82.0 hectares which has been categorised as a 'Sarkar Porambokku' and 'Reserved Forest' in the revenue records.

4. Since there is a dispute with regard to the very title over the property, the petitioner has to only work out his remedy only before a competent Civil Court. This Court does not find any ground to interfere with the order passed by the first respondent. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS ) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1) The District Revenue Officer, Virudhunagar District,Virudhunagar.

2) The Tahsildar, Rajapalayam Taluk,Virudhunagar District.

3) The District Forest Officer, Virudhunagar District,Virudhunagar.

+1 CC to M/s.F.X.EUGENE, Advocate ( SR-16657[F] dated 20/04/2021 ) +1 CC to M/s.SPL GP ( SR-16745[F] dated 20/04/2021 ) Order made in W.P.(MD) No.8088 of 2021 Dated:

19.04.2021 KE(05.05.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2