Madras High CourtWMP(MD)/15778/2019ordered

S.Kr.S.Kr.At.Kr.Vellayappan Chettiar v. The District Revenue Officer

2019-09-12Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twelfth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.SUNDAR IN WP(MD) No.19345 of 2019 S.KR.S.KR.AT.KR.VELLAYAPPAN CHETTIAR, ADMINISTRATOR, OKKUR VELLAIYAN CHETTIAR HIGHER SECONDARY SCHOOL, MANAMADURAI ... PETITIONER/PETITIONER Vs 1 THE DISTRICT REVENUE OFFICER SIVAGANGAI DISTRICT 2 THE REVENUE DIVISIONAL OFFICER, SIVAGANGAI DISTRICT 3 THE TAHSILDHAR MANAMADURAI, SIVAGANGAI DISTRICT-630 606 4 THE ZONAL DEPUTY TAHSILDHAR TALUK OFFICE, MANAMADURAI, SIVAGANGAI DISTRICT-630606 5 S.KR.S.KR.AR.VR.CHINTHAMANI CHETTIAR ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Dispense with the production of the original/certified copy of the order passed by the 2nd respondent Revenue Divisional Officer, Sivagangai Dated 23.12.2016 in Pa.Mu(A3) 2536/2014 in the main writ petition and thus render justice.

Prayer in WP(MD)No. 19345/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records order passed by the 1st respondent District Revenue Officer, Sivagangai Dated 5.7.2019 in Pa.Mu.B.1/2489/17 and the order passed by the 2nd respondent-Revenue Divisional Officer, Sivagangai dated 23.12.2016 in Pa.Mu(A3) 2536/2014 and quash the same and 1/3

consequently issue a direction to the respondents 1 to 5 to maintain the revenue records for the lands in survey numbers 299/2, 293/1A, 298/1, 414/2 and 293/2, Manamadurai Village, Manamadurai Taluk, Sivagangai District in the name of SKR SKR AT KR Vellaiappan Chettiar, Administrator, Okkur Vellaiyan Chettiar School. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.DILIP KUMAR, Advocate for the petitioner and of Mr.K.Mu.Muthu, Additional Government Pleader for R1 to R4, the court made the following order:- Writ Petitioner in the main writ petition is petitioner in the instant 'Writ Miscellaneous Petition' (hereinafter referred to as 'WMP' for the sake of brevity) which has been filed with a prayer to dispense with production of original/certified copy of an order dated 23.12.2016, passed by the second respondent.

2. The reason for seeking such a prayer is articulated in paragraph No.23 of the affidavit filed in support of instant WMP and the same reads as follows:

'23. I submit that the original/certified copy of the impugned order passed by the 2nd respondent is produced before the 1st respondent at the time of filing of the appeal/revision and the production of the original in the said petition may therefore be kindly dispensed with. I am producing a photo copy.'

3. To be noted, a photocopy of the order, production of which is sought to be dispensed with, has been filed and it forms part of the case file. Therefore, this petition is ordered as prayed for. sd/- 12/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT REVENUE OFFICER SIVAGANGAI DISTRICT 2 THE REVENUE DIVISIONAL OFFICER, SIVAGANGAI DISTRICT 2/3

3 THE TAHSILDHAR MANAMADURAI, SIVAGANGAI DISTRICT-630 606 4 THE ZONAL DEPUTY TAHSILDHAR TALUK OFFICE, MANAMADURAI, SIVAGANGAI DISTRICT-630606 +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-15315[I] dated 13/09/2019 )

ORDER

IN IN WP(MD) No.19345 of 2019 Date :12/09/2019 ssl ES/PN/SAR 2/18.09.2019/3P/6C 3/3