Sowndharrajan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.10121 of 2023 Sowndharrajan ... Petitioner Vs.

1.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

2.The Tahsildar, Peravoorani, Thanjavur District.

3.Selvarasu ... 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 passed by the first respondent dated 10.01.2023 in Na.Ka.No.2657/2022/A3 and quash the same as illegal and consequently direct the first and second respondents to restore and maintain the mud path way bearing S.F.No.45/8A 1/4

classified as Nilavial Vandi Patthai situated at Ammaiyandi Village, Peravurani Taluk, Tanjore District.

For Petitioner : Mr.E.Balasubramanian For RR 1 & 2 : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

********** Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 & 2. 2.The case of the petitioner is that the petition mentioned land is a cart track. The stand of the third respondent is that it is a patta land. This issue was already the subject matter of W.P(MD)No.11509 of 2022. This Court had clearly held that the Writ Court cannot decide the character of the land. By the impugned order, the authority had also relegated the parties to go before the jurisdictional civil Court. The impugned order does not warrant any interference. If the petitioner files any civil suit, the same shall be numbered without any delay and disposed of by the jurisdictional civil Court as expeditiously as possible. We make it clear that we have not gone into the merits of the matter. All 2/4

the contentions of the petitioner are left open. If any interim application along with the suit is filed, the same may be disposed of as expeditiously as possible.

3.The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. [G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 Index : Yes/No Internet : Yes NCC : Yes/No ps/cm To 1.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

2.The Tahsildar, Peravoorani, Thanjavur District.

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G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

ps/cm 0RDER MADE IN 10.05.2023 4/4