Madras High CourtWP(MD)/20427/2024disposed of

Sarabu Nisha.F v. The Revenue Divisional Officer

2024-08-28Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.17332 and 17333 of 2024 Sarabu Nisha .. Petitioner Vs.

1.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, O/o. Ramanathapuram Municipality, Ramanathapuram District.

3.Muhammed Arabi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the Tahsildar Ramanathapuram / Second respondent in T.R: 2024/27/11/002889SD dated 17.05.2024 and quash the same and consequently direct the respondents to restore the revenue records in respect of Survey No.

440/5B1A measuring 55 Ares situated at Sakkarakottai Village to its original status.

For Petitioner :

Mr.G.R.Balakumar For RR1 & 2 :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed to quash the proceedings of the second respondent in T.R: 2024/27/11/002889SD, dated 17.05.2024 and direct the respondents to restore the revenue records in respect of Survey No. 440/5B1A, measuring 55 Ares situate at Sakkarakottai Village to its original status.

2. Though the writ petition is filed for the above relief, taking note of the averments made in Paragraph 6 of the affidavit, the first respondent is directed to dispose of the appeal filed by the petitioner on 26.05.2024 and pass orders before 17.09.2024. The relevant portion of Paragraph No.6 of the affidavit reads as follows: "6. ... however challenging the said impugned order an appeal was also filed before the 1st

Respondent dt: 26.05.2024 but till date the appeal has not been taken on record and the petitioner didn't receive any hearing notice from the 1st Respondent making the alternate appeal remedy ineffective. ..."

3. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

4. Post the matter 'for reporting compliance' on 17.09.2024. 28.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, O/o. Ramanathapuram Municipality, Ramanathapuram District.

P.T.ASHA, J.

abr Dated: 28.08.2024