K.Murugan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18026 of 2018 K.Murugan ... Petitioner vs.

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli Division, Tirunelveli.

3.The Tahsildar, Tirunelveli Taluk, Tirunelveli.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Palayamkottai, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the first respondent in Pa.Mu.Ka.2/35744/2016(UDR31/2016), dated 25.10.2017 and quash the same and further direct the respondents to restore the patta in the name of the petitioner and his brothers for their property in Survey No.787/1 admeasuring 0.20.5 Hectares situated at Anaithalaiyur Village, Gangaikondan Village, Tirunelveli Taluk. For Petitioner : Mr.T.Selvan For Respondents : Mr.M.Jeyakumar Additional Government Pleader

O R D E R

The Writ Petition is filed against the order passed by the first respondent - District Revenue Officer, dated 25.10.2017 in patta proceedings.

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2. The District Revenue Officer has passed the order on the basis of the adjudication of the various factual disputes as between the parties. In case, the petitioner is aggrieved by the order passed by the District Revenue Officer, it is open to the petitioner to approach the competent civil Court by letting in proper evidence in order to establish his right to get patta in his name. It is not open to the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

3. Therefore, this Court is of the considered view that the writ petition is not maintainable and the same is dismissed. No costs.

SD ASSISTANT REGISTRAR ( P AND A ) TRUE COPY SUB ASSISTANT REGISTRAR (CS-III) Note: The Registry is directed to issue the original impugned order to the learned Counsel appearing for the petitioner after getting appropriate acknowledgment.

ssl To:

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tirunelveli Division, Tirunelveli.

3.The Tahsildar, Tirunelveli Taluk, Tirunelveli. 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Palayamkottai,Tirunelveli.

Copy TO:1. THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE RECORD KEEPER, ER/VR.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3. THE SECTION OFFICER, CURRENT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

1CC TO MR. T.SELVAM, ADVOCATE SR: 79212 1CC TO THE SPL GOVT PLEADER SR: 79152 DS SKN SAR 3 31 8 2018 2P 10C W.P.(MD) No.18026 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/