Junaideen. Sma v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6731 of 2023 S.M.A.Junaideen ... Petitioner vs.

1.The Revenue Divisional Officer, Ramanathapuram Revenue, Ramanathapuram District.

2.The Tahsildar, Ramanthapuram Taluk, Ramathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the first respondent's impugned order in Pa.Mu.A6/2452/2022, dated 27.02.2023 and to quash the same as devoid of merits consequently, directing the first respondent to add the petitioner and the petitioner's siblings name in Survey Nos.463/6, 453/2, 462/5, 441/5, 440/5B, 439/1, 401/1, 401/10, 406/5, 409/1, 430/1A, 430/2, 432, 445/3 and 452 in Patta Nos.7272, 445, 2025, 2223 and 1015 situated at Chakkarakottai Village, Ramanathapuram District by considering the petitioner's representation, dated 09.05.2022. 1/5

For Petitioner :Mr.S.Atham Ali For Respondents :Mr.N.Muthu Vijayan Special Government Pleader *****

O R D E R

This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking interference with an order of Revenue Divisional Officer, Ramanathapuram District, dated 27.02.2023 in Pa.Mu.A6/2452/2022 and to direct the first respondent to add the petitioner and his brothers and sisters in the lands in Survey Nos.463/6, 453/2, 462/5, 441/5, 440/5B, 439/1, 401/1, 401/10, 406/5, 409/1, 430/1A, 430/2, 432, 445/3 and 452 in Patta Nos.7572, 445, 2025, 2223 and 1015 situated at Chakkarakottai Village, Ramanathapuram District. The petitioner had given a representation on 09.05.2022. 2.Heard Mr.S.Atham Ali, learned Counsel for the petitioner and Mr.N.Muthu Vijayan, learned Special Government Pleader for the respondents.

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3.It is pointed out by the learned Special Government Pleader that the order impugned is an appealable order and an appeal can be filed before the District Revenue Officer. It is also pointed out that a Civil Suit had been filed and the same was also dismissed consequent to non impleding of legal heirs by an order, dated 06.02.2023. 4.Even on 29.03.2023, this Court had granted an opportunity to the petitioner to file an appeal. It was stated that if an appeal had to be filed before 31.03.2023, the issue of limitation should not be put against the petitioner herein.

5.The learned Counsel seeks further indulgence. 6.Once again a further opportunity is granted to the petitioner to file an appeal on or before 30.06.2023 and if it is so done, the issue of limitation need not need not be put against the petitioner. 3/5

The Writ Petition stands disposed of. No costs. Index :Yes / No 07.06.2023 Internet :Yes NCC : Yes/No cmr To 1.The Revenue Divisional Officer, Ramanathapuram Revenue, Ramanathapuram District.

2.The Tahsildar, Ramanthapuram Taluk, Ramathapuram District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.6731 of 2023 07.06.2023 5/5