D.Wilfred Singh, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.16849/2014 & MP(MD)No.1/2014 D.Wilfred Singh

...Petitioner

Vs 1.The District Revenue Officer, Tirunelveli District, Tirunelveli - 627 007.

2.The Revenue Divisional Officer, Cheran Mahadevi - 627 414.

3.The Zonal Deputy Tahsildar, Officer of the Tahsildar, Radhapuram Taluk, Radhapuram - 627 111, Tirunelveli District.

4.C.Francis Ponipas Kaiser 5.A.Micheal Roseline Alex 6.M.Thomas Mahesh

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to order No.fh/2/rPk/2/2012 dated 22.11.2013 on the file of the 1st respondent and quash the same and direct the respondents 1 to 3 to 1/4

restore the name of the petitioner and issue a fresh regular computerized patta in his name, pertaining to the lands bearing in S.Nos.83/1, to an extent of 1 acre and 13 cents, and 83/2, to an extent of 0 acre and 32 cents in South Kallikulam Village, Radhapuram Taluk, Tirunelveli District, within a time frame as may be fixed by this Court. For Petitioner :

Mrs.Jessi Jeeva Priya For Respondent :

Mr.G.Vairam Santhosh, Additional Government Pleader for R1 to R3 Mr.S.R.Anbarasu for R4 to R6

O R D E R

This writ petition is filed as against the order passed by the District Revenue Officer in fh/2/rPk/2/2012 dated 22.11.2013. The District Revenue Officer has granted patta in favour of the petitioner and passed an order to restore the joint patta in the name of the respondents 4 to 6.

2. The learned counsel for the respondents submits that the petitioner has already filed a suit in O.S.No.266 of 2010, on the file of the District Munsif Court, Vallioor and the same was dismissed by the District 2/4

Munisf Court by judgment and decree, dated 03.02.2020. As against the dismissal order, the petitioner has filed an appeal before the Sub Court, Vallioor, in A.S.No.16 of 2020 and the same is still pending.

3. The petitioner has already filed a civil Suit before the appropriate forum and as against the dismissal order, he has also filed an appeal and the same is pending before the Sub Court in A.S.No.16 of 2010.

4. Since an appeal is pending, the petitioner is at liberty to work out his remedy before the concerned Court. This Writ Petition is closed with the above said liberty. No costs. Consequently, the connected Miscellaneous Petition is closed.

10.03.2023 NCC: Yes / No Index :Yes / No Speaking Order : Yes / No mbi 3/4

B.PUGALENDHI, J.

mbi WP(MD)No.16849/2014 & MP(MD)No.1/2014 10.03.2023 4/4