Karuppiah v. The State Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P.(MD)No.1 of 2014 Karuppiah ... Petitioner versus

1. The State represented by The District Collector, Pudukottai.

2. The Revenue Divisional Officer, Pudukottai.

3. The Tahsildar, Thirumayam, Pudukottai District.

4. Krishnan

5. Kamalakannan ... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in Na.Ka.No.A8/6227/2009 dated 03.02.2014 and quash the same as of no legal consequence and direct the 2nd respondent not to tamper with the revenue records prejudicial to the interest of the petitioner until the respondents 3 and 4 are able to establish their legal claims in respect of the property in S.F.No.182/1 at Pilivalam Village, Thirumayam Taluk, Pudukottai District. For Petitioner : No appearance For R1 to R3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R4 : No appearance For R5 : Mr.R.Paranjothi

ORDER

This writ petition is filed as against the enquiry notice dated 03.02.2014 issued by the second respondent/the Revenue Divisional Officer, Pudukottai.

2. On the appeal filed by the 4th respondent herein, the second respondent/the Revenue Divisional officer, Pudukkottai, has issued the 2/6

impugned enquiry notice to the petitioner as well as to the 4th respondent, directing them to appear for the enquiry scheduled on 24.02.2014 along with the Revenue Records pertaining to the land in survey No.182/1 of Pilivalam Village, Thirumayam Taluk, Pudukottai District.

3. This writ petition filed in the year 2014 was taken up for further hearing only on 08.12.2022. On that day, it was reported that the learned counsel for the petitioner is no more. Therefore, this Court adjourned the matter to 05.01.2023 and also directed the Registry to send notice to the petitioner. Pursuant to the direction of this Court, notice was also served on the petitioner on 21.12.2022. Though notice was served on the petitioner and his name was also printed in the cause list, even today, there is no representation for the petitioner.

4. The learned Additional Government Pleader appearing for the respondents 1 to 3 submits that the petitioner has already filed a Civil 3/6

Suit in O.S.No.96 of 2020 before the District Munsif Court, Thirumayam.

5. Since this writ petition is filed as against the enquiry notice issued by the second respondent and the petitioner has already filed a suit in O.S.No.96 of 2020 before the District Munsif Court, Thirumangalam, this Court is not inclined to entertain this writ petition.

6. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 15.03.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

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To

1. The District Collector, Pudukottai.

2. The Revenue Divisional Officer, Pudukottai.

3. The Tahsildar, Thirumayam, Pudukottai District.

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B.PUGALENDHI, J.

ogy 15.03.2023 6/6