Madras High CourtWP(MD)/12889/2023disposed of

Shanmugam v. The Commissioner Of Land Administration

2023-06-15Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.12889 of 2023 Shanmugam ... Petitioner vs.

1.The Commissioner of Land Administration, Land Administration Department, Ezhilagam, 2nd Floor, Chennai - 600 005.

2.The District Revenue Officer, Collectorate Campus, Karur, Karur District.

3.The Revenue Divisional Officer, Kulithalai, Karur District.

4.The Tahsildar, Kullithalai, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to dispose of the petitioner's review petition, dated 29.03.2023 filed against the second respondent's order of Na.Ka.C1/17097/2014.dated 16.08.2019 within the reasonable time which may be fixed by this Court. 1/4

For Petitioner :Mr.R.Murugappan For Respondents :Ms.D.Farjana Ghousia Special Government Pleader *****

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a direction against the first respondent to dispose of the petitioner's review petition, dated 29.03.2023 filed against the second respondent's order of Na.Ka.C1/17097/2014.dated 16.08.2019. 2.Heard Mr.R.Murugappan, learned Counsel for the petitioner and Ms.D.Farjana Ghousia, learned Special Government Pleader for the respondents.

3.The learned Special Government Pleader stated that as per G.O. (Ms).No.409, dated 02.07.2008, a second review is not possible and a Civil Suit alone will have to be filed.

4.It had been very specifically stated in the written instruction that the review petition filed by the petitioner cannot be entertained and the competent Civil Court alone can examine the issues. 2/4

5.The learned Counsel petitioner stated that a Civil suit had already been filed and the petitioner had obtained a decree in his favour. 6.Since the review filed by the petitioner is not maintainable, a Mandamus cannot be issued. The petitioner may take necessary and appropriate steps in accordance with law.

7.The Writ Petition stands disposed of. No costs. Index :Yes / No 15.06.2023 Internet :Yes NCC : Yes/No cmr To 1.The Commissioner of Land Administration, Land Administration Department, Ezhilagam, 2nd Floor, Chennai - 600 005.

2.The District Revenue Officer, Collectorate Campus, Karur, Karur District.

3.The Revenue Divisional Officer, Kulithalai, Karur District.

4.The Tahsildar, Kullithalai, Karur District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.12889 of 2023 15.06.2023 4/4