M.Murugeswari v. The Dist.Collector (General)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.03.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN and W.M.P(MD)No.16070 of 2020 M.Murugeswari ..Petitioner Vs

1. The District Collector (General), Collectorate Office,

2. The District Revenue Officer, Collectorate Office,

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi, Virudhungar District.

4. The Tahsildar, Sivakasi Taluk Office, Sivakasi,

5. The Village Administrative Officer, Enjar Village, Sivakasi Taluk,

6. A.Saravanaraja .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records and quash the proceedings of the 2nd respondent dated 18.11.2020 in Na.Ka.A2/5496/2019 as it is without jurisdiction to decide on title and simply direct the rival claimants to approach the civil forum as per the order of the Division Bench reported in 20111 (5) CTC 94. For Petitioner : Mr.M.S.Suresh Kumar For respondent Nos.1to 5 : Mr.C.Ramesh, Special Government Pleader For Respondent No.6 : Mr.A.Rahul 1/3

ORDER

This Court is of the considered view that the lis has to be settled only by the competent civil forum and not by this Court exercising the writ jurisdiction under Article 226 of the Constitution of India.

2.The learned Counsel appearing for the petitioner would submit that the District Revenue Officer has made certain observations, touching upon the subject property, which may influence the ultimate decision of the Civil Court. 3.In view of the above, the civil Court, which is to hear the matter in issue is directed that it shall not be influenced by any of the observations made in the impugned proceedings of the District Revenue Officer, in Na.Ka.Aa2/5496/2019, dated 18.11.2020, in the course of its adjudication of the 'lis' qua parties. 4.With the above observations the writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.

The District Collector (General), Collectorate Office, 2.

The District Revenue Officer, Collectorate Office, 3.

The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi, Virudhungar District.

4.

The Tahsildar, Sivakasi Taluk Office, Sivakasi, 2/3

5.

The Village Administrative Officer, Enjar Village, Sivakasi Taluk, +1 CC to M/s.M.S.SURESH KUMAR, Advocate ( SR-8477[F] dated 03/03/2021 ) 03.03.2021 SJ(CO) KB(24.03.2021) 3P 7C 3/3