Najma M v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in W.P(MD)No.21007 of 2021 M.Najma ... Applicant/Petitioner Vs.

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

2. The Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondents Prayer : Review Application is filed under Section 114 & Order 47 Rule -I of CPC to review the order passed in W.P.(MD).No.21007 of 2021 dated 16.11.2023.

For Petitioner : Mr.V.Muthu Kamatchi For R1 & R2 : Mr.K.S.Selvaganesan Additional Government Pleader For R3 : Mr. N.Shanmuga Selvam for Mr. P.Murugesan 1/6

ORDER

The Review Application has been filed by the writ petitioner seeking to review an order dated 14.06.2023 in W.P.(MD)No.363 of 2022.

2. The main ground on which this review petition has been filed is that the Writ Petitioner conveniently concealed the earlier order passed in W.P.No.11506 of 2018 dated 02.08.2018, wherein this Court restrained the Revenue Authorities not to mutate the revenue records till the suit is disposed of in O.S.No.45 of 2018 on the file of the District Munsif, Thirumangalam, Madurai. In view of the same, the review petitioner has taken a stand that the subsequent proceedings of the RDO dated 03.03.2020 is non est in the eye of law. Consequently, the direction that was issued by this Court to the Tahsildar to deal with the representation made by the petitioner in line with the order passed by the RDO dated 03.03.2020 requires review.

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3. It is seen that, the proceedings dated 03.03.2020 has not been put to challenge till date. If at all the review petitioner is aggrieved by the proceedings dated 03.03.2020, it has to be challenged in the manner known to law by raising all the grounds. It cannot be presumed that the proceedings dated 03.03.2020 is non est without even challenging the proceedings.

4. This Court while disposing of the Writ Petition had merely directed the Tahsildar to deal with the representation made by the petitioner in line with the orders passed by the RDO dated 03.03.2020. There is no requirement to review this order, since the Tahsildar is anyway bound by the orders passed by the RDO. This Court does not find any error apparent on the face of the order passed in the Writ Petition. It is left open to the review Petitioner to question the proceedings dated 03.03.2020 of the RDO, if so advised. Except giving this liberty, no further orders can be passed in this Review Application.

5. Accordingly, this Review Application is disposed of in the above 3/6

terms. No costs.

06.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sma 4/6

To 1.The Revenue Divisional Officer, Revenue Divisional Office, Thirumangalam, Madurai.

2. The Tahsildar, Thirumangalam Taluk, Madurai District.

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N.ANAND VENKATESH, J.

sma in W.P(MD)No.21007 of 2021 06.01.2025 6/6