Raja Ganesh v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.13963, 13964, 13965 & 13967 of 2020 Raja Ganesh ... Petitioner Vs.

1.The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

2.A.K.Pitchumani Iyer 3.Nachiar 4.A.K.P.Senthil Kumar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the 1st respondent dated 28.7.2020 passed vide in Na.Ka.No.A3/8972/2016 and quash the same in so far as the cancellation of settlement dated 7.5.2019 registered as Document No.890/2019 before the Sub Registrar, Thiruchendur. For Petitioner : Mrs.J.Anandhavalli For Respondents : Mr.M.Lingadurai Additional Government Pleader for R1 : Mr.S.Ramesh for R3 : no appearance for R2 & R4 1/4

ORDER

Heard both sides.

2. The petitioner challenges the order dated 28.07.2020. The petitioner is the subsequent purchaser.

3. When the matter was taken up for hearing, the learned counsel for the petitioner for the petitioner points out that the order impugned in this writ petition was challenged by the 4th respondent herein in W.P.(MD)No.11196 of 2020. The writ petition was disposed of in the following terms:- "Heard the learned counsel on either side.

2. The petitioner has questioned the impugned order passed under the Maintenance and Welfare of Parents and Senior Citizens Act.

3. During the pendency of the writ petition, the parties have arrived at a compromise. Memo of compromise has also been filed. The writ petitioner as well as the private respondents are present in person before me. They have been duly identified. I also had an interaction with the second respondent as well as the third respondent. I am satisfied that the compromise has been voluntarily and willingly entered into.

4. In this view of the matter, the order impugned in this writ petition stands set aside. This writ petition stands allowed in terms of the memo of compromise dated 28.06.2022. The memo of compromise shall form part of the order. No costs. Consequently, connected miscellaneous petitions are closed."

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4. Since the order impugned in the writ petition has already been set aside, there is no need to pass any further order. However, to assure the petitioner's title, it is declared that the impugned order stands set aside in so far as the petitioner is concerned also.

5. The Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions closed.

08.01.2024 Index : Yes / No Internet : Yes/ No rmi To The Revenue Divisional Officer, Tiruchendur, Tuticorin District.

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G.R.SWAMINATHAN, J.

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