Madras High CourtWP(MD)/1535/2017dismissed

Ponnathal v. The District Revenue Officer

2017-02-01Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.1535 of 2017 Ponnathal .. Petitioner Vs.

1.The District Revenue Officer, Office of The District Revenue Officer, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai Revenue Sub Division, Sivagangai District.

3.The Tahsildar, Kalaiyarkoil Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus to direct the respondent No.2 to consider the representation submitted by the petitioner dated 04.01.2017 in accordance with law within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

The petitioner seeks for a direction to the second respondent to consider her representation, dated 04.01.2017, wherein and whereby, she seeks for cancellation of patta granted in the name of one Maari and Muthuraman by contending that she is the owner of the property, over which, those two persons are not having any right or title.

2.On the other hand, perusal of the Judgment and decree passed in O.S.No.186 of 2012, by the District Munsif Court, Sivagangai, in a suit filed by the very same petitioner against those two persons, indicates that the very title claim of the petitioner over the subject matter property has been rejected by the Civil Court. When that being the factual position based on such Judgement and decree passed only on 30.06.2016, I do not think that the petitioner by suppressing those facts, can seek for any relief from the revenue authorities by way of making the present representation. Therefore, I find no merits in the representation sought to be disposed of.

3.Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-I) https://hcservices.ecourts.gov.in/hcservices/ /TRUE COPY/ Sub Assistant Registrar

To 1.The District Revenue Officer, Office of The District Revenue Officer, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai Revenue Sub Division, Sivagangai District.

3.The Tahsildar, Kalaiyarkoil Taluk, Sivagangai District.

+1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 5713 rj2 sva/mr/14.02.2017/2p/5c W.P.(MD)No.1535 of 2017 01.02.2017 https://hcservices.ecourts.gov.in/hcservices/