J.Suresh v. P. Nithiyanantham,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.(MD)No.8531 of 2022 J.Suresh ... Appellant Vs.

1.P. Nithiyanantham 2.The District Revenue Officer, Theni District, Theni.

3.The Revenue Divisional Officer, Uthamapalayam, Theni District.

4.The Thasildar, Bodi Nayakanoor, Theni District.

... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal and set aside the order dated 28-09-2021 in W.P(MD).No.17347 of 2021 on the file of this Court. 1/5

For Appellant : Mr.S.Rajasekar For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R2 to R4.

Mr.Mohamed Ibrahim Saibu for R1.

JUDGMENT

(Judgment of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.One Nithiyanantham filed W.P.(MD)No.17374 of 2021 for directing the Revenue Divisional Officer, Uthamapalayam to dispose of his petition. The said writ petition was disposed of vide order dated 28.09.2021 with a direction to the Revenue Divisional Officer, Uthamapalayam to dispose of the appeal within a period of three months. It was further directed that all the interested parties should be put on notice. Challenging the said order, this writ appeal came to be filed by one Suresh.

3.It is admitted by the learned counsel on either side that during the pendency of the writ appeal, the Revenue Divisional Officer, Uthamapalayam disposed of the appeal filed by the Nithiyanantham on 2/5

24.06.2023. It is also admitted that Suresh had filed O.S.No.109 of 2021 before the District Munsif Court, Bodinayakanur. In fact, the Revenue Divisional Officer, Uthamapalayam had relegated Nithiyanantham to go before the Civil Court and he had not passed any order in favour of Nithiyanantham. In these circumstances, no interference is warranted in the matter. The rights of the parties will abide by the outcome of the suit. The learned District Munsif, Bodinayakanur is requested to dispose of O.S.No.109 of 2021 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this judgment. 4.The writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (M.J.R. J.,) 18.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/5

To:

1.The District Revenue Officer, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam, Theni District.

3.The Thasildar, Bodi Nayakanoor, Theni District.

Copy to:

The District Munsif Court, Bodinayakanur.

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G.R.SWAMINATHAN, J.

and M.JOTHIRAMAN, J.

ias 18.03.2025 5/5