Kamaraj.S v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.12363 of 2021 and W.M.P.(MD)Nos.9707 to 9709 of 2021 S.Kamaraj ... Petitioner Vs.

1. The District Revenue Officer, Collectorate Campus,

2. The District Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The District Registrar, Virudhunagar District, Virudhunagar.

4. The Revenue Divisional Officer,

5. The Thasildhar, Taluk Office, 1/6

6. The Inspector of Police, Land Grapping Special Cell,

7. The Sub-Registrar,

8. Alagar

9. Seenivasan

10. Karikalan

11. Rajaguru

12. Koodalingam (R12 is impleaded vide Court order dated 05.04.2024 in WMP(MD)No.18599/2021 in WP(MD)No.12363/2021) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of O.Mu.Aa1/4028/ 2021, dated 18.05.2021 passed by the fourth respondent and quash the same and consequently directing the fourth respondent to cancel the patta No.7384, for the property bearing Survey No.25/2 situated at Palayampatti Village, Aruppukkottai Taluk, Virudhunagar District issued in the name of 8th respondent by the 5th respondent. 2/6

For Petitioner : Mr.C.Sasikumar for Mr.R.Murugappan For R1, R3, R4 R5 & R7 : Mr.M.Prakash Additional Government Pleader For R2 & R6 : M/s.M.Aasha Government Advocate (Crl. Side) For R8 to R11 : Mr.J.Jeyakumaran For R12 : No appearance

O R D E R

The Writ Petition is directed against the order dated 18.05.2021 passed by the fourth respondent and for direction to the fourth respondent to cancel the patta bearing No.7384, for the property in Survey No.25/2 situated at Palayampatti Village, Aruppukkottai Taluk, Virudhunagar District issued in the name of eighth respondent by the fifth respondent.

2. When the matter is taken up for hearing today, the learned counsel appearing for the respondents 8 to 11 would submit that the suit filed by the writ petitioner in O.S.No.91 of 2015 pending on the file of the Principal District Munsif Court, Aruppukkottai was dismissed. 3/6

3. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has preferred an appeal and the same is yet to be numbered. But the learned Government Advocate (Criminal Side) appearing for the respondents 2 and 6 would submit that the appeal preferred by the writ petitioner was taken on file and the same is pending in A.S.No.43 of 2024 on the file of the Subordinate Court, Aruppukkottai.

4. It is seen from the records that the fourth respondent has passed the impugned order directing the writ petitioner to proceed with the civil suit pending in O.S.No.91 of 2015 and to sort out his remedy subject to the result of the suit. Since the suit was dismissed and appeal is pending, the writ petitioner can proceed with the appeal and sort out his remedy subject to the result of the appeal.

5. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. 14.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 4/6

To

1. The District Revenue Officer, Collectorate Campus,

2. The District Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The District Registrar, Virudhunagar District, Virudhunagar.

4. The Revenue Divisional Officer,

5. The Thasildhar, Taluk Office,

6. The Inspector of Police, Land Grapping Special Cell,

7. The Sub-Registrar, 5/6

K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.12363 of 2021 and W.M.P.(MD)Nos.9707 to 9709 of 2021 Dated : 14.06.2024 6/6