M.Subramani v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1, 2, 3 and 4 of 2014 M.Subramani ... Petitioner Vs.

1.The District Revenue Officer, Ramanathapuram District.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi, Ramanathapuram District.

4.S.Velu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for records relating to the impunged order dated 13/12/2013 in Pa.Mu.56654/2013 (B5) passed by the 1st respondent and the records relating to the impugned order dated 11.06.2013 in pa.Mu.(A4)223-2011 passed by the 2nd respondent and quash the same and consequently 1/4

restore the patta for the town survey numbers 79, 80 and 81 in the name of the petitioner.

For Petitioner : Mr.J.Barathan, For Mr.T.R.Jeyapalam.

For Respondents : Mr.NGA.Natraj, Government Advocate for R1 to R3.

ORDER

Heard the learned counsel for the writ petitioner and the learned Government Advocate for the respondents 1 to 3. 2.The petitioner challenges the impugned proceedings dated 11.06.2013 passed by the Revenue Divisional Officer, Paramkudi and the proceedings dated 13.12.2013 issued by the District Revenue Officer, Ramanathapuram. By the impugned proceedings, the patta issued in favour of the petitioner had been cancelled. It appears that O.S.No.5 of 2013 on the file of Principal District Munsif Court, Ramanathapuram was decreed in his favour but in the appeal suit (A.S.No.216 of 2019) on the file of this Court, the decree passed in favour of the petitioner was reversed. It appears that a review petition is pending. 2/4

3.Since the position that obtains as of now is adverse to the petitioner, the question of interfering with the impugned order does not arise. Liberty is given to the petitioner to revive his challenge if he succeeds in the review application.

4.With this liberty to the writ petitioner, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

03.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Revenue Officer, Ramanathapuram District.

2.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

ias 03.07.2023 4/4