Malathi.C v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)Nos.10880, 10881, 10882 of 2024 1.C.Malathi 2.R.Padmavathi ... Petitioners Vs.

1.The District Revenue Officer, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai.

3.The Tahsildar, Thirumangalam Tahsildar Office, Thirumangalam, Madurai.

4.The Executive Officer, Arulmighu Meenakshi Chockkanathar Temple, Thirumangalam, Madurai.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the entire records of the 2nd respondent and to produce all the documents relating to Ni.Mu.No.3574/2022/A3 dated 11.08.2023 comprised in T.S.No.116 and 117 in Sengulam Village, Thriumangalam Taluk, Madurai District, quash the same as illegal and consequently directing the 3rd respondent not to change the revenue records on the basis of 2nd respondent proceeding Ni.Mu.No.3574/2022/A3 dated 11.08.2023 and direct the 1st respondent to take the appeal preferred by the petitioner on file, and dispose of the same on merits in accordance with law. For Petitioner : Mr.G.Sakthi Rao For Respondents: Mr.K.Balasubramani, Special Government Pleader for R1 to R3 Mr.S.Manohar for R4

ORDER

Heard both sides.

2.The petitioner had earlier filed revision petition before the District Revenue Officer, Madurai. He also parallely filed this writ petition challenging the order dated 11.08.2023 passed by the Revenue 2/6

Divisional Officer, Madurai. Such riding of two horses is not permissible. The matter has to be decided by the District Revenue Officer, Madurai before it is tested on the judicial side. I permit the petitioner to file a fresh revision petition before the District Revenue Officer, Madurai. The DRO, Madurai shall entertain the revision petition without reference to limitation. Final order shall be passed within a period of twelve weeks from the date of filing of fresh revision petition by the petitioner after issuing notice to the fourth respondent and other interested parties, if any. It is made clear that I have not gone into the merits of the matter. The contentions of the petitioner are left open. The DRO, Madurai shall pass orders one way or the other. 3.This writ petition is disposed of. No costs. 08.07.2024 skm 3/6

To 1.The District Revenue Officer, Madurai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai.

3.The Tahsildar, Thirumangalam Tahsildar Office, Thirumangalam, Madurai.

4.The Executive Officer, Arulmighu Meenakshi Chockkanathar Temple, Thirumangalam, Madurai.

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G.R.SWAMINATHAN, J.

skm and WMP(MD)Nos.10880, 10881, 10882 of 2024 08.07.2024 5/6

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