Srinivasan.K.R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.15204 of 2022 K.R.Srinivasan ... Petitioner Vs.

1.The Revenue Divisional Officer, Trichy.

2.The District Registrar, Registration Department, Trichy.

3.K.K.Murugupandiyan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 1st Respondent from conducting the enquiry in Na.Ka.No.A3/3103/2022 based on the Appeal preferred by the 3rd Respondent during the pendency of the Appeal preferred by the Petitioner before the 2nd Respondent in Appeal No.10595/Aa4/2022. For Petitioner : Mr.C.Vakeeswaran For Respondents : Mr.K.S.Selva Ganesan, Addl. Government Pleader for R1 & R2.

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ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the respondents 1 and 2. 2.The petitioner had already moved the second respondent for endorsing some of the transactions to which the third respondent is a party as fraudulent. In the meanwhile, the third respondent has moved the Revenue Divisional Officer for mutation of the revenue records. The case of the writ petitioner is that the second respondent must decide the issue first and only thereafter, the first respondent can take up the appeal filed by the third respondent for enquiry. Otherwise, according to the writ petitioner, conflicting order will be passed. 3.I do not find any justification to entertain the writ petition. The statutory authorities cannot be restrained from discharging their statutory functions.

It is unnecessary to assume at this point of time and that the first respondent will pass an adverse order and that such an adverse order will be taken note of by the second respondent while passing final order. Even if two authorities pass conflicting order, they can certainly be resolved later in point of time based on the rights of the parties.

authorities from passing order on merits and in accordance with law at this point of this time.

4.Leaving open the writ petitioner's rights, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 02.09.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Revenue Divisional Officer, Trichy.

2.The District Registrar, Registration Department, Trichy.

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G.R.SWAMINATHAN, J.

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