Madras High CourtWA(MD)/1136/2025disposed of

Sethuramu v. R.Sivakumar

2025-04-29Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/04/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.7132 of 2025 Sethuramu ... Appellant/5th respondent v.

1.R.Sivakumar ... 1st Respondent/petitioner 2.The District Collector O/o.The District Collector Pudukottai District, Pudukottai.

3.The District Revenue Officer, O/o.The District Revenue Officer, Pudukottai, Pudukottai District 4.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer Pudukottai, Pudukottai District 5.The Tahsildar O/o.The Tahsildar Thirumayam, Pudukottai District 6.Muruganantham 7.Senthilkumar ... Respondents 1/5

PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 18.03.2025 in WP(MD). No.7272 of 2025. For Appellants : Mr.R.Gowrishankar For Respondents : Mr.M.Sarangan for R2 to R5 Addl.Government Pleader Mr.Arul Jenifer for R1

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY,J.) The 5th respondent in the writ petition is the appellant herein.

2. The writ appeal is directed against the order of the writ Court dated 18.03.2025 passed in WP(MD) No.7272 of 2025.

3. The first respondent/writ petitioner filed the writ petition seeking a direction to implement the order of the Tahsildar and restore his father's original name in Patta No.1009. Since there is already an order passed by the Revenue Divisional Officer, the Tahsildar could not implement the order. Therefore, the writ Court directed the Tahsildar to implement the order of the Revenue Divisional Officer within a period of eight weeks.

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4. Now, it is stated that the appellant has filed a revision petition before the District Revenue Officer. The revision can be filed within 90 days of the order of the Revenue Divisional Officer. It has been preferred within the period of limitation. Therefore, there may not be any difficulty for implementation of the order. Hence, this Court is inclined to pass the following order:

The patta stands in the name of the writ petitioner's father. The District Revenue Officer shall pass orders in the revision within a period of eight weeks from the date of receipt of a copy of this judgment. However, the parties shall not encumber the property till the disposal of the revision filed before the District Revenue Officer and precipitate the issue, which will lead to multiplicity of proceedings.

7. With the above direction, the writ appeal stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed. [J.N.B.,J] [S.S.Y.,J] 29.04.2025 NCC : Yes/No Index : Yes/No RR 3/5

To 2.The District Collector O/o.The District Collector Pudukottai District, Pudukottai.

J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WA(MD) No.1136 of 2025 Date : 29/04/2025 5/5